AN ORDINANCE ENACTING AND ADOPTING A SUPPLEMENT TO THE CODE OF ORDINANCES FOR THE TOWN OF SELLERSBURG, INDIANA AND DECLARING AN EMERGENCY

WHEREAS, American Legal Publishing Corporation of Cincinnati, Ohio has completed the 2002 supplement to the Code of Ordinances of the Political Subdivision, which supplement contains all ordinances of a general and permanent nature enacted since the prior supplement to the Code of Ordinances of this Political Subdivision; and

WHEREAS, American Legal Publishing Corporation has recommended the revision or addition of certain sections of the Code of Ordinances which are based on or make reference to sections of the Indiana code; and

WHEREAS, it is the intent of the Legislative Authority to accept these updated sections in accordance with the changes of the law of the State of Indiana; and

WHEREAS, it is necessary to provide for the usual daily operation of the municipality and for the immediate preservation of the public peace, health, safety and general welfare of the municipality that this ordinance take effect at an early date;

NOW, THEREFORE, BE IT ORDAINED BY THE LEGISLATIVE AUTHORITY OF THE POLITICAL SUBDIVISION OF THE TOWN OF SELLERSBURG, INDIANA:

Section 1.   That the 2002 supplement to the Code of Ordinances of the Political Subdivision as submitted by American Legal Publishing Corporation of Cincinnati, Ohio, and as attached hereto, be and the same is hereby adopted by reference as if set out in its entirety.

Section 2.   Such supplement shall be deemed published as of the day of its adoption and approval by Legislative Authority and the Clerk of the Political Subdivision is hereby authorized and ordered to insert such supplement into the copy of the Code of Ordinances kept on file in the Office of the Clerk.

Section 3.   This ordinance is declared to be an emergency measure necessary for the immediate preservation of the peace, health, safety and general welfare of the people of this municipality, and shall take effect at the earliest date provided by law.

PASSED AND ADOPTED by the legislative Authority of the Political Subdivision on this 10th day of February 2003.

Louis R. Imhof, Jr. President                  Kenneth E. Barnes, Sr. Vice President

Edward D. Denton                        James H. LaMaster

Danny F. Yost                           Attest: David L. Kinder

                              Clerk-Treasurer

AN ORDINANCE ENACTING AND ADOPTING A SUPPLEMENT TO THE CODE OF ORDINANCES FOR THE TOWN OF SELLERSBURG, INDIANA AND DECLARING AN EMERGENCY

WHEREAS, American Legal Publishing Corporation of Cincinnati, Ohio has completed the 2006 supplement to the Code of Ordinances of the Political Subdivision, which supplement contains all ordinances of a general and permanent nature enacted since the prior supplement to the Code of Ordinances of this Political Subdivision; and

WHEREAS, American Legal Publishing Corporation has recommended the revision or addition of certain sections of the Code of Ordinances which are based on or make reference to sections of the Indiana code; and

WHEREAS, it is the intent of the Legislative Authority to accept these updated sections in accordance with the changes of the law of the State of Indiana; and

WHEREAS, it is necessary to provide for the usual daily operation of the municipality and for the immediate preservation of the public peace, health, safety and general welfare of the municipality that this ordinance take effect at an early date;

NOW, THEREFORE, BE IT ORDAINED BY THE LEGISLATIVE AUTHORITY OF THE POLITICAL SUBDIVISION OF THE TOWN OF SELLERSBURG, INDIANA:

Section 1.   That the 2006 supplement to the Code of Ordinances of the Political Subdivision as submitted by American Legal Publishing Corporation of Cincinnati, Ohio, and as attached hereto, be and the same is hereby adopted by reference as if set out in its entirety.

Section 2.   Such supplement shall be deemed published as of the day of its adoption and approval by Legislative Authority and the Clerk of the Political Subdivision is hereby authorized and ordered to insert such supplement into the copy of the Code of Ordinances kept on file in the Office of the Clerk.

Section 3.   This ordinance is declared to be an emergency measure necessary for the immediate preservation of the peace, health, safety and general welfare of the people of this municipality, and shall take effect at the earliest date provided by law.

PASSED AND ADOPTED by the Sellersburg Town Council on this 20th day of February 2006.

Douglas J. Reiter /s/                          Michael N. Lockhart /s/   

Douglas J. Reiter, Council President               Michael N. Lockhart, Vice President

Trinette S. Imhof, Council Member               Paul J. Rhodes, Council Member

Jacques S. Smith /s/                 David L. Kinder /s/                

Jacques S. Smith, Council Member                Attest: David L. Kinder, Clerk-Treasurer

AN ORDINANCE ENACTING AND ADOPTING A SUPPLEMENT TO THE CODE OF ORDINANCES FOR THE TOWN OF SELLERSBURG, INDIANA AND DECLARING AN EMERGENCY.

WHEREAS, American Legal Publishing Corporation of Cincinnati, Ohio, has completed the 2008 supplement of the Code of Ordinances of the Political Subdivision, which supplement contains all ordinances of a general and permanent nature enacted since the prior supplement to the Code of Ordinances of this Political Subdivision; and

WHEREAS, American Legal Publishing Corporation has recommended the revision or addition of certain sections of the Code of Ordinances which are based on or make reference to sections of the Indiana code; and

WHEREAS, it is necessary to provide for the usual daily operation of the municipality and for the immediate preservation of the public peace, health, safety and general welfare of the municipality that this ordinance take effect at an early date;

NOW, THEREFORE, BE IT ORDAINED BY THE LEGISLATIVE AUTHORITY OF THE POLITICAL SUBDIVISION OF THE TOWN OF SELLERSBURG;

Section 1.   That the 2008 supplement to the Code of Ordinances of the Political Subdivision as submitted by American Legal Publishing Corporation of Cincinnati, Ohio, and as attached hereto, be and the same is hereby adopted by reference as if set out in its entirety.

Section 2.   Such supplement shall be deemed published as of the day of its adoption and approval by the Legislative Authority and the Clerk of the Political Subdivision is hereby authorized and ordered to insert such supplement into the copy of the Code of Ordinances kept on file in the Office of the Clerk.

Section 3.   This ordinance is declared to be an emergency measure necessary for the immediate preservation of the peace, health, safety and general welfare of the people of this municipality, and shall take effect at the earliest date provided by law.

PASSED AND ADOPTED by the Legislative Authority of the Political Subdivision on the 23rd day of March, 2009.

Brian K. Meyer /s/                       Paul J. Rhodes /s/    

Brian K. Meyer, Council President               Paul J. Rhodes, Council Vice President

James H. LaMaster, Council Member            Terry E. Langford, Council Member

Michael N. Lockhart /s/                David L. Kinder /s/

Michael N. Lockhart, Council Member            Attest: David L. Kinder, Clerk-Treasurer

WHEREAS, American Legal Publishing Corporation of Cincinnati, Ohio, has completed the 2009 supplement of the Code of Ordinances of the Town of Sellersburg, Clark County, Indiana, which supplement contains all ordinances of a general and permanent nature enacted since the prior supplement to the Code of Ordinances of this Political Subdivision; and

WHEREAS, American Legal Publishing Corporation has recommended the revision or addition of certain sections of the Code of Ordinances which are based on or make reference to sections of the Indiana code; and

WHEREAS, it is necessary to provide for the usual daily operation of the Town of Sellersburg and for the immediate preservation of the public peace, health, safety and general welfare of the Town of Sellersburg that this ordinance take effect at an early date;

NOW, THEREFORE, BE IT ORDAINED BY THE LEGISLATIVE AUTHORITY OF THE TOWN OF SELLERSBURG:

Section 1.   That the 2009 supplement to the Code of Ordinances of the Town of Sellersburg, Clark County, Indiana as submitted by American Legal Publishing Corporation of Cincinnati, Ohio, and as attached hereto, be and the same is hereby adopted by reference as if set out in its entirety.

Section 2.   Such supplement shall be deemed published as of the day of its adoption and approval by the Legislative Authority and the Clerk of the Town of Sellersburg, Clark County, Indiana is hereby authorized and ordered to insert such supplement into the copy of the Code of Ordinances kept on file in the Office of the Clerk.

Section 3.   This ordinance is declared to be an emergency measure necessary for the immediate preservation of the peace, health, safety and general welfare of the people of the Town of Sellersburg, and shall take effect at the earliest date provided by law.

PASSED AND ADOPTED by the Sellersburg Town Council of the Town of Sellersburg, Clark County, Indiana on the 8th day of February, 2010.

Brian K. Meyer /s/                Paul J. Rhodes /s/

Brian K. Meyer, Council President               Paul J. Rhodes, Council Vice President

James H. LaMaster, Council Member            Terry E. Langford, Council Member

Michael N. Lockhart /s/                David L. Kinder /s/

Michael N. Lockhart, Council Member            Attest: David L. Kinder, Clerk-Treasurer

WHEREAS, American Legal Publishing Corporation of Cincinnati, Ohio, has completed the 2010 supplement of the Code of Ordinances of the Town of Sellersburg, Clark County, Indiana, which supplement contains all ordinances of a general and permanent nature enacted since the prior supplement to the Code of Ordinances of this Political Subdivision; and

WHEREAS, American Legal Publishing Corporation has recommended the revision or addition of certain sections of the Code of Ordinances which are based on or make reference to sections of the Indiana code; and

WHEREAS, it is necessary to provide for the usual daily operation of the Town of Sellersburg and for the immediate preservation of the public peace, health, safety and general welfare of the Town of Sellersburg that this ordinance take effect at an early date;

NOW, THEREFORE, BE IT ORDAINED BY THE LEGISLATIVE AUTHORITY OF THE TOWN OF SELLERSBURG:

Section 1.   That the 2010 supplement to the Code of Ordinances of the Town of Sellersburg, Clark County, Indiana as submitted by American Legal Publishing Corporation of Cincinnati, Ohio, and as attached hereto, be and the same is hereby adopted by reference as if set out in its entirety.

Section 2.   Such supplement shall be deemed published as of the day of its adoption and approval by the Legislative Authority and the Clerk of the Town of Sellersburg, Clark County, Indiana is hereby authorized and ordered to insert such supplement into the copy of the Code of Ordinances kept on file in the Office of the Clerk.

Section 3.   This ordinance is declared to be an emergency measure necessary for the immediate preservation of the peace, health, safety and general welfare of the people of the Town of Sellersburg, and shall take effect at the earliest date provided by law.

PASSED AND ADOPTED by the Sellersburg Town Council of the Town of Sellersburg, Clark County, Indiana on the 14th day of February, 2011.

 Brian K. Meyer /s/                Paul J. Rhodes /s/    

Brian K. Meyer, Council President               Paul J. Rhodes, Council Vice President

James H. LaMaster, 2nd Vice President            Terry E. Langford, Council Member

Michael N. Lockhart /s/                David L. Kinder /s/

Michael N. Lockhart, Council Member            Attest: David L. Kinder, Clerk-Treasurer

AN ORDINANCE ENACTING AND ADOPTING A SUPPLEMENT TO THE CODE OF ORDINANCES FOR THE TOWN OF SELLERSBURG, INDIANA AND DECLARING AN EMERGENCY.

WHEREAS, American Legal Publishing Corporation of Cincinnati, Ohio, has completed the 2011 supplement of the Code of Ordinances of the Town of Sellersburg, Clark County, Indiana, which supplement contains all ordinances of a general and permanent nature enacted since the prior supplement to the Code of Ordinances of this Political Subdivision; and

WHEREAS, American Legal Publishing Corporation has recommended the revision or addition of certain sections of the Code of Ordinances which are based on or make reference to sections of the Indiana code; and

WHEREAS, it is necessary to provide for the usual daily operation of the Town of Sellersburg and for the immediate preservation of the public peace, health, safety and general welfare of the Town of Sellersburg that this ordinance take effect at an early date;

NOW, THEREFORE, BE IT ORDAINED BY THE LEGISLATIVE AUTHORITY OF THE TOWN OF SELLERSBURG:

Section 1.   That the 2011 supplement to the Code of Ordinances of the Town of Sellersburg, Clark County, Indiana as submitted by American Legal Publishing Corporation of Cincinnati, Ohio, and as attached hereto, be and the same is hereby adopted by reference as if set out in its entirety.

Section 2.   Such supplement shall be deemed published as of the day of its adoption and approval by the Legislative Authority and the Clerk of the Town of Sellersburg, Clark County, Indiana is hereby authorized and ordered to insert such supplement into the copy of the Code of Ordinances kept on file in the Office of the Clerk.

Section 3.   This ordinance is declared to be an emergency measure necessary for the immediate preservation of the peace, health, safety and general welfare of the people of the Town of Sellersburg, and shall take effect at the earliest date provided by law.

PASSED AND ADOPTED by the Sellersburg Town Council of the Town of Sellersburg, Clark County, Indiana on the 27th day of February 2012.

Paul J. Rhodes /s/                Brian K. Meyer /s/

Paul J. Rhodes, Council President               Brian K. Meyer, Council Vice-President

James H. LaMaster, 2nd Vice-President            Terry E. Langford, Council Member

Michael N. Lockhart /s/                             David L. Kinder /s/

Michael N. Lockhart, Council Member            ATTEST: David L. Kinder, Clerk-Treasurer

AN ORDINANCE ENACTING AND ADOPTING A SUPPLEMENT TO THE CODE OF ORDINANCES FOR THE TOWN OF SELLERSBURG, INDIANA AND DECLARING AN EMERGENCY.

WHEREAS, American Legal Publishing Corporation of Cincinnati, Ohio, has completed the 2012 supplement of Code of Ordinances of the Town of Sellersburg, Clark County, Indiana, which supplement contains all ordinances of a general and permanent nature enacted since the prior supplement to the Code of Ordinances of this Political Subdivision; and

WHEREAS, American Legal Publishing Corporation has recommended the revision or addition of certain sections of the Code of Ordinances which are based on or make reference to sections of the Indiana code; and

WHEREAS, it is necessary to provide for the usual daily operation of the Town of Sellersburg and for the immediate preservation of the public peace, health, safety and general welfare of the Town of Sellersburg that this ordinance take effect at an early date;

NOW, THEREFORE, BE IT ORDAINED BY THE LEGISLATIVE AUTHORITY OF THE TOWN OF SELLERSBURG:

Section 1.   That the 2012 supplement to the Code of Ordinances of the Town of Sellersburg, Clark County, Indiana as submitted by American Legal Publishing Corporation of Cincinnati, Ohio, and as attached hereto, be and the same is hereby adopted by reference as if set out in its entirety.

Section 2.   Such supplement shall be deemed published as of the day of its adoption and approval by the Legislative Authority and the Clerk of the Town of Sellersburg, Clark County, Indiana is hereby authorized and ordered to insert such supplement into the copy of the Code of Ordinances kept on file in the Office of the Clerk.

Section 3.   This ordinance is declared to be an emergency measure necessary for the immediate preservation of the peace, health, safety and general welfare of the people of the Town of Sellersburg, and shall take effect at the earliest date provided by law.

PASSED AND ADOPTED by the Sellersburg Town Council of the Town of Sellersburg, Clark County, Indiana on the 25th day of February 2013.

Paul J. Rhodes /s/                Brian K. Meyer /s/

Paul J. Rhodes, Council President               Brian K. Meyer, Council Vice- President

James H. LaMaster, 2nd Vice-President            Terry E. Langford, Council Member

Michael N. Lockhart /s/                Michelle D. Miller /s/

Michael N. Lockhart, Council Member            ATTEST: Michelle D. Miller

                               Chief Deputy Clerk-Treasurer

AN ORDINANCE ENACTING AND ADOPTING A SUPPLEMENT TO THE CODE OF ORDINANCES FOR THE TOWN OF SELLERSBURG, INDIANA AND DECLARING AN EMERGENCY.

   WHEREAS, American Legal Publishing Corporation of Cincinnati, Ohio, has completed the 2013 supplement of Code of Ordinances of the Town of Sellersburg, Clark County, Indiana, which supplement contains all ordinances of a general and permanent nature enacted since the prior supplement to the Code of Ordinances of this Political Subdivision; and

   WHEREAS, American Legal Publishing Corporation has recommended the revision or addition of certain sections of the Code of Ordinances which are based on or make reference to sections of the Indiana code; and

   WHEREAS, it is necessary to provide for the usual daily operation of the Town of Sellersburg and for the immediate preservation of the public peace, health, safety and general welfare of the Town of Sellersburg that this ordinance take effect at an early date;

NOW, THEREFORE, BE IT ORDAINED BY THE LEGISLATIVE AUTHORITY OF THE TOWN OF SELLERSBURG:

Section 1.   That the 2013 supplement to the Code of Ordinances of the Town of Sellersburg, Clark County, Indiana as submitted by American Legal Publishing Corporation of Cincinnati, Ohio, and as attached hereto, be and the same is hereby adopted by reference as if set out in its entirety.

Section 2.   Such supplement shall be deemed published as of the day of its adoption and approval by the Legislative Authority and the Clerk of the Town of Sellersburg, Clark County, Indiana is hereby authorized and ordered to insert such supplement into the copy of the Code of Ordinances kept on file in the Office of the Clerk.

Section 3.   This ordinance is declared to be an emergency measure necessary for the immediate preservation of the peace, health, safety and general welfare of the people of the Town of Sellersburg, and shall take effect at the earliest date provided by law.

PASSED AND ADOPTED by the Sellersburg Town Council of the Town of Sellersburg, Clark County, Indiana on the 10th day of March 2014.

Paul J. Rhodes /s/                Brian K. Meyer /s/

Paul J. Rhodes, Council President               Brian K. Meyer, Council Vice- President

James H. LaMaster, 2nd Vice-President            Terry E. Langford, Council Member

Michael N. Lockhart /s/                  David L. Kinder /s/

Michael N. Lockhart, Council Member            ATTEST: David L. Kinder

                               Clerk-Treasurer

AN ORDINANCE ENACTING AND ADOPTING A SUPPLEMENT TO THE CODE OF ORDINANCES FOR THE TOWN OF SELLERSBURG, INDIANA AND DECLARING AN EMERGENCY.

   WHEREAS, American Legal Publishing Corporation of Cincinnati, Ohio, has completed the 2014 supplement of Code of Ordinances of the Town of Sellersburg, Clark County, Indiana, which supplement contains all ordinances of a general and permanent nature enacted since the prior supplement to the Code of Ordinances of this Political Subdivision; and

   WHEREAS, American Legal Publishing Corporation has recommended the revision or addition of certain sections of the Code of Ordinances which are based on or make reference to sections of the Indiana code; and

   WHEREAS, it is necessary to provide for the usual daily operation of the Town of Sellersburg and for the immediate preservation of the public peace, health, safety and general welfare of the Town of Sellersburg that this ordinance take effect at an early date;

NOW, THEREFORE, BE IT ORDAINED BY THE LEGISLATIVE AUTHORITY OF THE TOWN OF SELLERSBURG;

Section 1.   That the 2014 supplement to the Code of Ordinances of the Town of Sellersburg, Clark County, Indiana as submitted by American Legal Publishing Corporation of Cincinnati, Ohio, and as attached hereto, be and the same is hereby adopted by reference as if set out in its entirety.

Section 2.   Such supplement shall be deemed published as of the day of its adoption and approval by the Legislative Authority and the Clerk of the Town of Sellersburg, Clark County, Indiana, is hereby authorized and ordered to insert such supplement into the copy of the Code of Ordinances kept on file in the Office of the Clerk.

Section 3.   This ordinance is declared to be an emergency measure necessary for the immediate preservation of the peace, health, safety and general welfare of the people of the Town of Sellersburg, and shall take effect at the earliest date provided by law.

PASSED AND ADOPTED by the Sellersburg Town Council of the Town of Sellersburg, Clark County, Indiana on the 8th day of June 2015.

Paul J. Rhodes /s/                Terry E. Langford /s/

Paul J. Rhodes, Council President               Terry E. Langford, Council Vice- President

James H. LaMaster, 2nd Vice-President            Brad J. Amos, Council Member

Michael N. Lockhart /s/                Michelle D. Miller /s/

Michael N. Lockhart, Council Member            ATTEST: Michelle D. Miller

                            Clerk-Treasurer

AN ORDINANCE ENACTING AND ADOPTING A SUPPLEMENT TO THE CODE OF ORDINANCES FOR THE TOWN OF SELLERSBURG, INDIANA AND DECLARING AN EMERGENCY

   WHEREAS, pursuant to Ind. Code § 36-5-2 et seq., this Town Council of Sellersburg, Indiana (this "Council") is the town legislative body and the President of the Town Council is the Town Executive; and

   WHEREAS, pursuant to Ind. Code § 36-5-2-9, the legislative body may adopt ordinances and resolutions for the performance of functions of the town; and

   WHEREAS, American Legal Publishing Corporation of Cincinnati, Ohio, has completed the 2015 and 2016 supplement of Code of Ordinances of the Town of Sellersburg, Clark County, Indiana, which supplement contains all ordinances of a general and permanent nature enacted since the prior supplement to the Code of Ordinances of this Political Subdivision; and

   WHEREAS, American Legal Publishing Corporation has recommended the revision or addition of certain sections of the Code of Ordinance which are based on or make reference to sections of the Indiana code; and

   WHEREAS, it is necessary to provide for the usual daily operation of the Town of Sellersburg and for the immediate preservation of the public peace, health, safety and general welfare of the Town of Sellersburg that this ordinance take effect at an early date.

NOW THEREFORE BE IT ORDAINED by this Town Council of Sellersburg, Indiana as follows:

Section 1.   That the 2015 and 2016 supplement to the Code of Ordinances of the Town of Sellersburg, Clark County, Indiana as submitted by the American Legal Publishing Corporation of Cincinnati, Ohio, and as attached hereto, be and the same is hereby adopted by reference as if set out in its entirety.

Section 2.   Such supplement shall be deemed published as of the day of its adoption and approval by the Legislative Authority and the Clerk of the Town of Sellersburg, Clark County, Indiana, is hereby authorized and ordered to insert such supplement into the copy of the Code of Ordinances kept on file in the Office of the Clerk.

Section 3.   This ordinance is declared to be an emergency measure necessary for the immediate preservation of the peace, health, safety and general welfare of the people of the Town of Sellersburg, and shall take effect at the earliest date provided by law.

PASSED AND ADOPTED by the Sellersburg Town Council of the Town of Sellersburg, Clark County, Indiana on the 8th day of June 2015.

Paul J. Rhodes /s/                Brad J. Amos /s/

Paul J. Rhodes, Council President               Brad J. Amos, Council Vice- President

Martina Webster, Council Member               William Conlin, Council Member

Jim LaMaster /s/                Michelle D. Miller /s/

Jim LaMaster, Council Member               ATTEST: Michelle D. Miller

                           Clerk-Treasurer

AN ORDINANCE ENACTING AND ADOPTING A SUPPLEMENT TO THE CODE OF ORDINANCES FOR THE TOWN OF SELLERSBURG, INDIANA AND DECLARING AN EMERGENCY

WHEREAS, pursuant to Ind. Code § 36-5-2 et seq., this Town Council of Sellersburg, Indiana (this "Council") is the town legislative body and the President of the town council is the town executive; and

WHEREAS, pursuant to Ind. Code § 36-5-2-9, the legislative body may adopt ordinances and resolutions for the performance of functions of the town; and

WHEREAS, American Legal Publishing Corporation of Cincinnati, Ohio, has completed the 2019 supplement of Code of Ordinances of the Town of Sellersburg, Clark County, Indiana, which supplement contains all ordinances of a general and permanent nature enacted since the prior supplement to the Code of Ordinances of this Political Subdivision; and

WHEREAS, American Legal Publishing Corporation has recommended the revision or addition of certain sections of the Code of Ordinance which are based on or make reference to sections of the Indiana code; and,

WHEREAS, it is necessary to provide for the usual daily operation of the Town of Sellersburg and for the immediate preservation of the public peace, health, safety and general welfare of the Town of Sellersburg that this ordinance take effect at an early date.

NOW THEREFORE BE IT ORDAINED by this Town Council of Sellersburg, Indiana as follows:

Section 1.   That the 2019 supplement to the Code of Ordinances of the Town of Sellersburg, Clark County, Indiana as submitted by the American Legal Publishing Corporation of Cincinnati, Ohio, and as attached hereto and identified as 2019-S-17, be and the same is hereby adopted by reference as if set out in its entirety.

Section 2.   Such supplement shall be deemed published as of the day of its adoption and approval by the Legislative Authority and the Clerk of the Town of Sellersburg, Clark County, Indiana, is hereby authorized and ordered to insert such supplement into the copy of the Code of Ordinances kept on file in the Office of the Clerk.

Section 3.   This ordinance is declared to be an emergency measure necessary for the immediate preservation of the peace, health, safety and general welfare of the people of the Town of Sellersburg, and shall take effect at the earliest date provided by law.

So Ordained this 8th day of April, 2019.

Paul J. Rhodes /s/             Brad J. Amos /s/

Paul J. Rhodes, Council President         Brad J. Amos, Council Vice- President

Martina Webster, Council Member         William Conlin, Council Member

Jim LaMaster /s/             Michelle D. Miller /s/

Jim LaMaster, Council Member            ATTEST: Michelle D. Miller, Clerk-Treasurer

AN ORDINANCE ENACTING AND ADOPTING A SUPPLEMENT TO THE CODE OF ORDINANCES FOR THE TOWN OF SELLERSBURG, INDIANA AND DECLARING AN EMERGENCY

WHEREAS, pursuant to I.C. 36-5-2 et seq., this Town Council of Sellersburg, Indiana (this “Council”) is the town legislative body and the President of the Town Council is the town executive; and,

WHEREAS, pursuant to I.C. 36-5-2-9, the legislative body may adopt ordinances and resolutions for the performance of functions of the town; and,

WHEREAS, American Legal Publishing Corporation of Cincinnati, Ohio, has completed the 2019 and 2020 supplement of Code of Ordinances of the Town of Sellersburg, Clark County, Indiana, which supplement contains all ordinances of a general and permanent nature enacted since the prior supplement to the Code of Ordinances of this Political Subdivision; and,

WHEREAS, American Legal Publishing Corporation has recommended the revision or addition of certain sections of the Code of Ordinance which are based on or make reference to sections of the Indiana code; and,

WHEREAS, it is necessary to provide for the usual daily operation of the Town of Sellersburg and for the immediate preservation of the public peace, health, safety and general welfare of the Town of Sellersburg that this ordinance take effect at an early date.

NOW THEREFORE BE IT ORDAINED by this Town Council of Sellersburg, Indiana as follows:

Section 1.   That the 2019 and 2020 supplement to the Code of Ordinances of the Town of Sellersburg, Clark County, Indiana as submitted by the American Legal Publishing Corporation of Cincinnati, Ohio, and as attached hereto, be and the same is hereby adopted by reference as if set out in its entirety.

Section 2.   Such supplement shall be deemed published as of the day of its adoption and approval by the Legislative Authority and the Clerk of the Town of Sellersburg, Clark County, Indiana is hereby authorized and ordered to insert such supplement into the copy of the Code of Ordinances kept on file in the Office of the Clerk.

Section 3.   This ordinance is declared to be an emergency measure necessary for the immediate preservation of the peace, health, safety and general welfare of the people of the Town of Sellersburg, and shall take effect at the earliest date provided by law.

So Ordained this 12th day of July, 2021.

Brad Amos /s/              Matthew Czarnecki /s/                      

Brad Amos, Council President            Matthew Czarnecki, Council Vice-President

Terry Langford, Council Member            Scott McVoy, Council Member             

Randall Mobley /s/             Michelle D. Miller /s/

Randall Mobley, Council Member               ATTEST: Michelle D. Miller

                           Clerk-Treasurer

AN ORDINANCE ENACTING AND ADOPTING A SUPPLEMENT TO THE CODE OF ORDINANCES FOR THE TOWN OF SELLERSBURG, INDIANA AND DECLARING AN EMERGENCY

WHEREAS, pursuant to I.C. 36-5-2-9, the legislative body may adopt ordinances and resolutions for the performance of functions of the town; and,

WHEREAS, American Legal Publishing Corporation of Cincinnati, Ohio, has completed the 2022 S19 supplement of Code of Ordinances of the Town of Sellersburg, Clark County, Indiana, which supplement contains all ordinances of a general and permanent nature enacted since the prior supplement to the Code of Ordinances of this Political Subdivision; and,

WHEREAS, American Legal Publishing Corporation has recommended the revision or addition of certain sections of the Code of Ordinance which are based on or make reference to sections of the Indiana code; and,

WHEREAS, it is necessary to provide for the usual daily operation of the Town of Sellersburg and for the immediate preservation of the public peace, health, safety and general welfare of the Town of Sellersburg that this ordinance take effect at an early date.

NOW THEREFORE BE IT ORDAINED by this Town Council of Sellersburg, Indiana as follows:

Section 1.   That the 2022 S19 supplement to the Code of Ordinances of the Town of Sellersburg, Clark County, Indiana as submitted by the American Legal Publishing Corporation of Cincinnati, Ohio, and as attached hereto and identified as 2022 S19, be and the same is hereby adopted by reference as if set out in its entirety.

Section 2.   Such supplement shall be deemed published as of the day of its adoption and approval by the Legislative Authority and the Clerk of the Town of Sellersburg, Clark County, Indiana is hereby authorized and ordered to insert such supplement into the copy of the Code of Ordinances kept on file in the Office of the Clerk.

Section 3.   This ordinance is declared to be an emergency measure necessary for the immediate preservation of the peace, health, safety and general welfare of the people of the Town of Sellersburg, and shall take effect at the earliest date provided by law.

So Ordained this 25th day of July, 2022.

   “Aye”

Brad Amos, Council President

Scott McVoy, Council Vice President

Terry Langford, Council 2nd Vice President

Matthew Czarnecki, Council Member

Randall Mobley, Council Member

Attested by: Michelle Miller

Sellersburg Clerk-Treasurer

   “Nay”

Brad Amos, Council President

Scott McVoy, Council Vice President

Terry Langford, Council 2nd Vice President

Matthew Czarnecki, Council Member

Randall Mobley, Council Member

AN ORDINANCE ENACTING AND ADOPTING A SUPPLEMENT TO THE CODE OF ORDINANCES FOR THE TOWN OF SELLERSBURG, INDIANA AND DECLARING AN EMERGENCY

WHEREAS, pursuant to Ind. Code § 36-5-2-9, the legislative body may adopt ordinances and resolutions for the performance of functions of the town; and,

WHEREAS, American Legal Publishing Corporation of Cincinnati, Ohio, has completed the 2023 S-20 supplement of Code of Ordinances of the Town of Sellersburg, Clark County, Indiana, which supplement contains all ordinances of a general and permanent nature enacted since the prior supplement to the Code of Ordinances of this Political Subdivision; and,

WHEREAS, American Legal Publishing Corporation has recommended the revision or addition of certain sections of the Code of Ordinance which are based on or make reference to sections of the Indiana code; and,

WHEREAS, it is necessary to provide for the usual daily operation of the Town of Sellersburg and for the immediate preservation of the public peace, health, safety, and general welfare of the Town of Sellersburg that this ordinance take effect at an early date.

NOW THEREFORE BE IT ORDAINED by this Town Council of Sellersburg, Indiana as follows:

Section 1.   That the 2023 S-20 supplement to the Code of Ordinances of the Town of Sellersburg, Clark County, Indiana as submitted by the American Legal Publishing Corporation of Cincinnati, Ohio, and as attached hereto and identified as 2023 S-20, be and the same is hereby adopted by reference as if set out in its entirety.

Section 2.   Such supplement shall be deemed published as of the day of its adoption and approval by the Legislative Authority and the Clerk of the Town of Sellersburg, Clark County, Indiana, is hereby authorized and ordered to insert such supplement into the copy of the Code of Ordinances kept on file in the Office of the Clerk.

Section 3.   This ordinance is declared to be an emergency measure necessary for the immediate preservation of the peace, health, safety and general welfare of the people of the Town of Sellersburg, and shall take effect at the earliest date provided by law.

So Ordained this 22nd day of May, 2023.

   “Aye”

Brad Amos /s/

Brad Amos, Council President

Scott McVoy /s/

Scott McVoy, Council Vice President

Terry Langford /s/

Terry Langford, Council 2nd Vice President

Absent 5/22/23

Matthew Czarnecki, Council Member

Randall Mobley /s/

Randall Mobley, Council Member

Michelle D. Miller /s/

Attested by: Michelle Miller

Sellersburg Clerk-Treasurer

   “Nay”

                                            

Brad Amos, Council President

                                             

Scott McVoy, Council Vice President

                                                

Terry Langford, Council 2nd Vice President

                                                  

Matthew Czarnecki, Council Member

                                                  

Randall Mobley, Council Member

Chapter

Section

   Authority to codify, see I.C. 36-1-5-1 et seq.

   Publication of code, see I.C. 36-5-2-10

   All ordinances of a permanent and general nature of the town, as revised, codified, rearranged, renumbered and consolidated into component codes, titles, chapters and sections, shall be known and designated as the "Sellersburg Town Code," for which the designations "code of ordinances," "codified ordinances" or "code" may be substituted. Code title, chapter and section headings do not constitute any part of law as contained in the code.

   Unless otherwise provided herein, or by law or implication required, the same rules of construction, definition and application shall govern interpretation of this code as those governing the interpretation of state law.

   All provisions of Title I compatible with future legislation, shall apply to ordinances hereafter adopted amending or supplementing this code unless otherwise specifically provided.

   (A)   (1)   This code is a codification of previously existing laws, amendments thereto and newly enacted laws. Any previously existing law or amendment thereto reenacted by this code shall continue in operation and effect, as if it had not been repealed by this code.

      (2)   All rules and regulations adopted under laws reenacted in this code shall remain in full force and effect unless repealed or amended subsequent to the enactment of this code.

   (B)   Any appropriation repealed and reenacted by this code is continued only for the period designated in the original enactment of that appropriation.

   (C)   The numerical order and position of sections in this code does not resolve a conflict between two or more sections.

   (D)   Any irreconcilable conflict between sections shall be resolved by reference to the dates that the sections were originally enacted. The section most recently enacted supersedes any conflicting section or subsection.

   (E)   All references within a section of this code to any section of previously existing laws refer to the numbers in the original enactment.

   (F)   (1)   The numerical designations and descriptive headings assigned to the various titles, chapters, subchapters or sections of this code, as originally enacted, or as added by amendment, are not law, and may be altered by the compilers of this or any subsequent codification, in any official publication, to more clearly indicate its content. These descriptive headings are for organizational purposes only, and do not affect the meaning, application or construction of the law they precede.

      (2)   Each note following a section of this code is for reference purposes only, and is not a part of the section.

   (G)   All references to any section of this code refer to all subsequent amendments to that section, unless otherwise provided.

   (A)   Rules of interpretation. This code shall be construed by the following rules unless the construction is plainly repugnant to the legislative intent or context of the provision.

      (1)   Words and phrases shall be taken in their plain, ordinary and usual sense. Technical words and phrases having a peculiar and appropriate meaning in law shall be understood according to their technical import.

      (2)   Words imputing joint authority to three or more persons shall be construed as imputing authority to a majority of the persons, unless otherwise declared in the section giving the authority.

      (3)   Where a section requires an act to be done which, by law, an agent or deputy may perform in addition to the principal, the performance of the act by an authorized deputy or agent is valid.

      (4)   Words denoting the masculine gender shall be deemed to include the feminine and neuter genders; words in the singular shall include the plural, and words in the plural shall include the singular; the use of a verb in the present tense shall include the future, if applicable.

   (B)   Definitions. For the purpose of this code of ordinances, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

   CLERK/TREASURER. The Clerk/Treasurer of the Town Council.

   COUNCIL. The Town Council of Sellersburg.

   COUNTY. Clark County, Indiana.

   HIGHWAY. Includes bridges, roads and streets, unless otherwise expressly provided.

   MONTH. One calendar month.

   PERSON. Extends to and includes person, persons, firm, corporation, copartnership, trustee, lessee or receiver. Whenever used in any clause prescribing and imposing a penalty, the terms PERSON or WHOEVER as applied to any unincorporated entity shall mean the partners or members thereof, and as applied to corporations, the officers or agents thereof.

   PRECEDING and FOLLOWING. When referring to sections or divisions in this code, refer to the sections or divisions next following or next preceding that in which the words occur, unless some other section is designated.

   TOWN. Sellersburg, Indiana.

   TOWNSHIP. The township or townships in which the town is located.

   WRITTEN and IN WRITING. Include printing, lithographing or other modes of representing words and letters. Where the written signature of a person is required, the terms mean the proper handwriting of the person, the person's mark, or the digital signature of the person.

   YEAR. One calendar year, unless otherwise expressly provided.

   (A)   If any section of this code now enacted or subsequently amended or its application to any person or circumstances is held invalid, the invalidity does not affect other sections that can be given effect without the invalid section or application.

   (B)   Except in the case of a section or amendment to this code containing a nonseverability provision, each division or part of every section is severable. If any portion or application of a section is held invalid, the invalidity does not affect the remainder of the section unless:

      (1)   The remainder is so essentially and inseparably connected with and so dependent upon the invalid provision or application that it cannot be presumed that the remainder would have been enacted without the invalid provision or application; or

      (2)   The remainder is incomplete and incapable of being executed in accordance with the legislative intent without the invalid provision or application.

   (C)   This section applies to every section of this code regardless of whether a section was enacted before or after the passage of this code.

(I.C. 1-1-1-8)

   Whenever in one section, reference is made to another section hereof, the reference shall extend and apply to the section referred to as subsequently amended, revised, recodified or renumbered unless the subject matter is changed or materially altered by the amendment or revision.

   (A)   Reference to offices. Reference to a public office or officer shall be deemed to apply to any office, officer or employee of this town exercising the powers, duties or functions contemplated in the provision, irrespective of any transfer of functions or change in the official title of the functionary.

   (B)   Name designations. Whenever any ordinance or resolution of the Council refers to any board, bureau, commission, division, department, officer, agency, authority or instrumentality of any government, and that name designation is incorrectly stated; or at the time of the effective date of that ordinance or subsequent thereto, the rights, powers, duties or liabilities placed with that entity are or were transferred to a different entity; then the named board, bureau, commission, department, division, officer, agency, authority or instrumentality, whether correctly named in the ordinance at its effective date or not, means that correctly named entity, or the entity to which the duties, liabilities, powers and rights were transferred.

   If a manifest error is discovered, consisting of the misspelling of any words; the omission of any word or words necessary to express the intention of the provisions affected; the use of a word or words to which no meaning can be attached; or the use of a word or words when another word or words was clearly intended to express the intent, the spelling shall be corrected and the word or words supplied, omitted or substituted as will conform with the manifest intention, and the provisions shall have the same effect as though the correct words were contained in the text as originally published. No alteration shall be made or permitted if any question exists regarding the nature or extent of the error.

   (A)   In all cases where an ordinance requires an act to be done in a reasonable time or requires reasonable notice to be given, reasonable time or notice shall be deemed to mean the time which is necessary for a prompt performance of the act or the giving of the notice.

   (B)   The time within which an act is to be done, as herein provided, shall be computed by excluding the first day and including the last. If the last day be a Saturday, Sunday or a state holiday, it shall be excluded.

   When a section of this code is repealed which repealed a former section or law adopted prior to the enactment of this code, the former section or law is not revived unless it so expressly provides. The repeal of any section shall not extinguish or release any penalty, forfeiture or liability incurred under the section, unless the repealing section so expressly provides. The section shall be treated as still remaining in force for the purposes of sustaining any proper action or prosecution for the enforcement of the penalty, forfeiture or liability.

(I.C. 1-1-5-1)

   The running of any period of limitations or any requirement of notice contained in any law, whether applicable to civil causes or proceedings, or to the prosecution of offenses, or for the recovery of penalties and forfeitures, contained in a law repealed and reenacted by this code shall not be affected by the repeal and reenactment; but all suits, proceedings and prosecutions for causes arising or acts committed prior to the effective date of this code may be commenced and prosecuted with the same effect as if this code had not been enacted.

   All ordinances of a temporary or special nature and all other ordinances pertaining to subjects not embraced in this code shall remain in full force and effect unless herein repealed expressly or by necessary implication.

   (A)   If the legislative body shall desire to amend any existing chapter or section of this code, the chapter or section shall be specifically repealed and a new chapter or section, containing the desired amendment, substituted in its place.

   (B)   Any ordinance which is proposed to add to the existing code a new chapter or section shall indicate, with reference to the arrangement of this code, the proper number of the chapter or section. In addition to the indication thereof as may appear in the text of the proposed ordinance, a caption or title shall be shown in concise form above the ordinance.

   (A)   As histories for the code sections, the specific number and passage date of the original ordinance, and the most recent three amending ordinances, if any, are listed following the text of the code section. Example: (Ord. 10, passed 5-13-60; Am. Ord. 15, passed 1-1-70; Am. Ord. 20, passed 1-1-80; Am. Ord. 25, passed 1-1-85)

   (B)   (1)   If a statutory cite is included in the history, this indicates that the text of the section reads substantially the same as the statute. Example: (I.C. 36-5-2-2) (Ord. 10, passed 1-17-80; Am. Ord. 20, passed 1-1-85)

      (2)   If a statutory cite is set forth as a "statutory reference" following the text of the section, this indicates that the reader should refer to that statute for further information. Example:

      This municipality shall make available to any person for inspection or copying all public records, unless otherwise exempted by state law.

   All offenses committed under laws in force prior to the effective date of this code shall be prosecuted and remain punishable as provided by those laws. This code does not affect any rights or liabilities accrued, penalties incurred or proceedings begun prior to the effective date of this code. The liabilities, proceedings and rights are continued; punishments, penalties or forfeitures shall be enforced and imposed as if this code had not been enacted. In particular, any agreement granting permission to utilize highway rights-of-way, contracts entered into or franchises granted, the acceptance, establishment or vacation of any highway, and the election of corporate officers shall remain valid in all respects, as if this code had not been enacted.

   Any person, firm or corporation who violates any provision of this code for which another penalty is not specifically provided shall, upon conviction, be subject to a fine not exceeding $2,500. A separate offense shall be deemed committed upon each day during which a violation occurs or continues.

Section

   (A)   The Clerk/Treasurer shall be the custodian of the town's seal and affix it to documents and instruments as required.

   (B)   The town seal shall be in the form and style as deemed appropriate by Town Council.

(`93 Code, § 1-10)

   Powers of Town Council, see § 30.06

Chapter

Section

   (A)   The Town Council is the legislative body.

   (B)   The Town Council provides that its members are to be elected at large by the voters of the entire town, pursuant to I.C. 36-5-2-5(b)(2).

   (C)   The Town Council shall consist of five representatives. The Council will have one member for each of the four districts and/or wards of the town and one member at-large.

   (D)   A representative of a district and/or ward must have his or her principal place of residence within the district and/or ward which he or she represents.

(`93 Code, § 3-1) (Ord. 446, passed 2-8-88; Am. Ord. 2022-OR-025, passed 10-17-22)

   (A)   The town shall be divided into four districts or wards for the purpose of conducting future elections of officials.

   (B)   The four districts or wards for the town shall be described as voting districts composed of precincts as listed on the official voting district map which is incorporated herein by reference, is on file in the Clerk/Treasurer’s office and available for public inspection during regular business hours.

   (C)   The Council hereafter shall be composed of five members, with one member representing each district or ward hereunder established and one member selected as an at-large candidate.

(`93 Code, § 3-2) (Ord. 434, passed 12-22-86; Am. Ord. 92-546, passed 12-14-92; Am. Ord. 2002-016, passed 11-8-02; Am. Ord. 2006-027, passed 10-23-06; Am. Ord. 2013-016, passed 12-16-13; Am. Ord. 2022-OR-025, passed 10-17-22)

   (A)   The Town Council of the Town of Sellersburg, Indiana shall organize itself by the election of officers at the first meeting held during each calendar year. The sitting President of the Sellersburg Town Council shall conduct the election of officers. If there be no sitting President, or Vice-President, then the members of the Town Council shall select one of their members to chair the meeting. The officers of the Sellersburg Town Council who shall hold their office for an annual period, shall be as follows:

      (1)   The President shall be the Town executive, and shall have all authority and power vested in the executive by laws of the State of Indiana or by this or any other ordinance.

      (2)   The Vice-President shall perform all of the acts and duties of the President in the absence or disability of the President.

 

      (3)   The Second Vice-President shall perform all the acts and duties of the President in the absence or disability of the President and Vice-President.

   (B)   In the event an officer resigns or dies, the Town Council shall elect a successor to complete such officer's term of office.

(`93 Code, § 3-3) (Am. Ord. 2009-023, passed 12-28-09)

   A majority of all the elected members of the Town Council constitutes a quorum.

(`93 Code, § 3-4)

   (A)   The regular meeting of the Town Council shall be held on the second Monday of the month at the Sellersburg Town Hall, said meeting being at 7:00 p.m. If a holiday shall fall on the second Monday of the month the meeting shall be held on the third Monday of the month, unless other notice is provided.

   (B)   The Town Council shall hold an executive session on the second Monday of each month beginning at 6:00 p.m. until 7:00 p.m., said executive session shall be held at the Sellersburg Town Hall. If a holiday shall fall on the second Monday of the month the meeting shall be held on the third Monday of the month, unless other notice is provided.

   (C)   The President of the Town Council shall call a special meeting of the Town Council either upon the written request of any two Council members delivered in writing and signed by them, or upon the President's own determination. Such request shall state the purpose for the meeting.

(`93 Code, § 3-9) (Am. Ord. 2000-026, passed 12-11-00; Am. Ord. 2009-023, passed 12-28-09)

   Open Door Law, see I.C. 5-14-1.5-1 et seq.

   (A)   Council may adopt ordinances and/or resolutions for the performance of functions of the town.

   (B)   Council may purchase, hold and convey any interest in property for the use of the town.

   (C)   Council may adopt and use a common seal.

   (D)   Council may exercise all powers that are needed for the effective operation of local governmental affairs.

(`93 Code, § 3-11)

(`93 Code, § 3-13)

   (A)   The Town Council shall, by ordinance, fix the compensation of its own members.

   (B)   The compensation of an elected town officer may not be changed in the year below the amount fixed for the year 1980.

(`93 Code, § 3-14)

   (A)   To be considered at any Town Council meeting, without the necessity of suspending the rules, any ordinance, resolution, contract or other writing requiring legislative action shall be filed in the office of the Executive Secretary not later than the close of business on the fifth business day prior to the Town Council meeting at which it is to be considered.

   (B)   The Executive Secretary shall stamp each document requiring Town Council action with a legible date stamp reflecting the date the document was docketed in that office; and, shall cause the document to be placed on the agenda of the Town Council meeting for the Council’s consideration. A written statement in support or explanation of the docketed item may be presented and should be filed simultaneously.

   (C)   All documents tendered to the Executive Secretary, upon receipt and docketing of the same, the Executive Secretary shall cause one copy of each such docketed matter to be distributed to each Council member and the Town Attorney within two working days; and, post one copy on the public bulletin board at the entrance to Town Hall.

(Ord. 2009-023, passed 12-28-09; Am. Ord. 2017-OR-020, passed 6-26-17)

   (A)   The Executive Secretary shall maintain the dockets described herein, suitably indexed, as a permanent record of documents tendered for Town Council action:

      (1)   Ordinance docket;

      (2)   Resolution docket;

      (3)   Contract docket; and

      (4)   Miscellaneous docket.

   (B)   All documents logged upon a docket shall bear a prefix which identified the docket, the year in which the document is docketed and the number assigned to the document which shall be serial on the docket.

   (C)   The prefix for each of the dockets shall be:

      (1)   Ordinance: ORD;

      (2)   Resolution: RES;

      (3)   Contract: CON; and

      (4)   Miscellaneous: MISC.

(Ord. 2009-023, passed 12-28-09; Am. Ord. 2017-OR-020, passed 6-26-17)

      (1)   Ordinances shall be adopted based on the voting requirements set forth by the statutes of the State of Indiana, but in no case may an ordinance be adopted with less than a majority vote of those elected officials entitled to vote thereon.

      (2)   Ordinances shall be deemed adopted by the Town Council upon a favorable vote on a motion to adopt after second reading. Any ordinance which fails to receive a majority vote on first reading shall not be read a second time and shall be deemed rejected.

      (3)   No ordinance may receive a second reading or final approval at the same meeting in which it is first introduced unless, by unanimous vote of the Council members present, they agree to consider the ordinance on second reading, and, such ordinance may not be adopted at that meeting unless it receives a favorable vote of four members of the Town Council. In all other cases, second reading shall occur at the next Town Council meeting.

      (1)   Resolutions may be adopted on one reading only if the resolution receives a unanimous affirmative vote of the Town Council, upon a motion to adopt at first reading, at a meeting at which not less than three members of the Town Council are present and voting.

      (2)   In all other cases resolutions are deemed adopted after an affirmative majority vote upon a motion to adopt after second reading at the next Town Council meeting.

         (a)   FIRST READING. For all matters properly docketed pursuant to this subchapter, a reading is accomplished by verbally reading the number, title or name of the document and its docket number together with the date of docketing. For all other matters requiring a reading, said reading shall be a verbal verbatim reading of the document, without reference to its adoption or attestation clauses, if so directed by the Council.

(Ord. 2009-023, passed 12-28-09)

   (A)   All items requiring action by the Town Council shall be placed upon the agenda not later than 12:00 p.m. two business days preceding the meeting at which such action is to be taken. A copy of the agenda shall be provided to each Council member and posted on the public bulletin board at the entrance to the Town Hall at least 24 hours prior to the meeting.

   (B)   The agenda shall prescribe the order of business which shall generally be conducted in the following order:

      (1)   Call to order;

      (2)   Roll call;

      (3)   Approval of previous minutes and claims;

      (4)   Comments by citizens on topics not listed on the agenda (three minutes per speaker);

      (5)   Committee/department head reports;

      (6)   Old business;

      (7)   New business;

      (8)   Miscellaneous business; and

      (9)   Adjournment.

   (C)   The presiding officer of a Council meeting may alter the order of the agenda for the convenience of the Council.

(Ord. 2009-023, passed 12-28-09)

   All votes of the Town Council shall be non-roll call unless a roll call vote is requested by a member of the Town Council. In the event a roll call vote is requested, the Clerk-Treasurer shall call the roll on the question and record each Council member's vote separately in the minutes of the meeting.

(Ord. 2009-023, passed 12-28-09)

   The rules of procedure set forth in this subchapter may be suspended, and action taken which would otherwise contravene this subchapter, upon a unanimous affirmative vote of the Town Council at a meeting at which four Council members are present and voting.

(Ord. 2009-023, passed 12-28-09)

   (A)   The President of the Town Council shall open, control, limit and close public comment on agenda matters.

   (B)   The public has the opportunity to voice their concerns or opinions during the Town Council's public meeting under either the general comments or comments on agenda items sections and each person shall have the opportunity to be heard when they have the floor. However, loud outbursts or profane language from the general public, whom do not have the floor, will not be tolerated.

   (C)   Failure by any person to adhere to said guidelines may be asked to remove themselves from the public meeting or may be escorted out by the police at the President and Council members' direction.

(Ord. 2009-023, passed 12-28-09; Am. Res. 2016-R-12, passed 8-22-16)

   In the event that less than a quorum of Town Council shall be present for a regular or special meeting, such Council members as are present may, upon the passage of 30 minutes after the designated time for the meeting to commence, declare that no meeting shall commence for lack of a quorum. In such event, all business on the agenda shall be transferred to the agenda for the next meeting.

(Ord. 2009-023, passed 12-28-09)

   At the first meeting of the Town Council of each calendar year, members of the Town Council shall be elected by majority vote of the Town Council to each of the following positions:

   (A)   Sewer Department;

   (B)   Street Department;

   (C)   Parks Department;

   (D)   Police Department; and

   (E)   Water Department.

(Ord. 2009-023, passed 12-28-09)

   An ordinance, order or resolution passed by the Town Council becomes effective when signed by the President of the Town Council, or the Vice-President if required, and attested to by the Clerk/Treasurer unless the ordinance, order or resolution by its own terms establishes the date upon which it takes effect. If required by statute, an adopted ordinance, order or resolution must be promulgated or published before it takes effect.

(`93 Code, § 3-8)

   All ordinances which are of a general and permanent nature, and which would amend the town code, shall be in the form depicted in the Appendix to this chapter.

(`93 Code, § 3-15)

 

Section

   (A)   The Clerk/Treasurer shall have the authority to assess and collect a $10 service fee from the issuing party of a check which is returned for non-sufficient funds.

   (B)   All service fees collected shall be deposited into the town's general fund.

(Res. 1994-21, passed 1-24-94)

   (A)   The Town Hall is designated a “non- smoking environment” and it shall be unlawful to smoke any products within the Town Hall.

   (B)   In any case where any violation of this section may be found to exist, police officers shall serve notice upon the violator, ordering the person, firm or association to abate the violation immediately.

(`93 Code, § 6-14) (Ord. 484, passed 10-8-90; Am. Ord. 95-620, passed 4-24-95) Penalty, see § 10.99

   (A)   The Council deems it desirable to establish a standardized schedule for payment to creditors.

   (B)   The implementation of this schedule will further reduce the uncertainty of when claims shall be repaid.

   (C)   If a creditor submits a claim by the twenty- fifth day of the month, then the Council will act on that claim at the first meeting of the following month.

(`93 Code, § 2-130) (Res. 84-R-58, passed 2-22-84)

   (A)   The town maintains a lock box and desires to provide for certain security measures to protect access to the lock box.

   (B)   Each Council member and the Clerk/ Treasurer shall keep on file, with the bank chosen by the town, a signature card.

   (C)   The Town Council authorizes the bank to allow access to the lock box to the Clerk/Treasurer and one Council member.

(`93 Code, § 2-131) (Res. 93, passed 10-24-88)

   It is ordered by the Town Council as follows:

   (A)   A line of credit in the amount of $187,000 shall be established at a local lending institution.

   (B)   The Town Attorney shall prepare the proper documentation to establish the line of credit.

(`93 Code, § 2-132) (Ord. 449, passed 4-11-88)

   (A)   (1)   In accordance with I.C. 36-5-2-11(d), the Town Council is authorized to make loans of money for not more than five years and issue notes for the purpose of refunding those loans.

      (2)   The loans may be made only for the purpose of procuring money to be used in the exercise of the powers of the town, and the total amount of outstanding loans shall not exceed 5% of the town's total tax levy in the current year.

   (B)   The Town Council is authorized to borrow money in a sum not exceeding $20,000 under the following terms and condition:

      (1)   A sufficient amount of tax revenues must be pledged for repayment of the loan;

      (2)   The loan must be evidenced by notes of the town in terms designating the nature of consideration, the time and place payable, and the revenues out of which they will be payable;

      (3)   The interest accruing on the notes to the date of maturity may be added to and included in their face value or may be made payable periodically;

      (4)   The funds which the town will receive as a result of the sewer rate increase are to be pledged for the repayment; and

      (5)   The loan is to be repaid in full, at an interest rate not to exceed 12%, within one year after execution of the note evidencing the indebtedness.

   (C)   This process is designated as a qualified tax exempt obligation pursuant to the Internal Revenue Code, 26 USC 265(b).

(`93 Code, § 2-133) (Ord. 461, passed 1-9-89)

   The town is authorized, pursuant to I.C. 36-1-7-1 through I.C. 36-1-7-15, as it may be amended from time to time, to enter into joint agreements for the purchase or exchange of property and services with other government bodies through an appropriate ordinance or resolution of the Town Council.

(`93 Code, § 2-133)

   Interlocal Agreements, see T.S.O. Table VII

   The Identity Theft Prevention Program for the Town of Sellersburg Water and Wastewater Utilities, as prepared and submitted by the Director of Municipal Works, shall be and hereby is adopted as the town's official policy to be implemented on a day-to-day basis for prevention of identity theft. All provisions of the Identity Theft Prevention Program for the Town of Sellersburg Water and Wastewater Utilities as contained in the exhibit 1 attached to Res. 2009-003, passed 5-11-09, shall be incorporated by reference as if fully set forth herein.

(Res. 2009-003, passed 5-11-09)

   (A)   The Chief of Police, Assistant Chief of Police, full-time Police Secretary, and the public works employees (excluding the billing office) shall be provided cellphones by the town under the town’s contract with a cellular carrier. The contract shall also include insurance for each phone or device.

   (B)   The Clerk Treasurer, Chief Deputy Clerk Treasurer, Executive Secretary, and sergeants of the Police Department shall be reimbursed $50 per month for their cellphone plans.

(Ord. 2018-OR-029, passed 11-26-18)

      (1)   Attendance By Electronic Means: Town Council members are permitted to participate in no more than four public meetings per year by an approved electronic means of communication. A member may attend two consecutive meetings (a set of meetings) by electronic communication. A member shall physically attend at least one meeting between sets of meetings that the member attends by electronic communication, unless the absence is due to:

         (a)   Military service;

         (b)   Illness or other medical condition;

         (c)   Death of a relative; or

         (d)   An emergency involving actual or threatened injury to persons or property.

      (2)   Notice: Except for emergency situations, members shall provide notice to the Town Manager or Executive Secretary, within 72 hours of the public meeting, that the member will be participating by electronic means.

      (3)   Required physical attendance: There shall be at least three members physically present at the public meeting wherein any member is participating by electronic means.

      (4)   Voting: All votes taken during a meeting wherein a member is participating by electronic means shall be taken by roll call.

      (5)   Issues prohibited to participate by through electronic means: A member may not participate in a meeting by electronic communication if the governing body is attempting to take final action to:

         (a)   Adopt a budget;

         (b)   Make a reduction in personnel;

         (c)   Initiate a referendum;

         (d)   Establish or increase a fee;

         (e)   Establish or increase a penalty;

         (f)   Use the governing body's eminent domain authority; or

         (g)   Establish, raise, or renew a tax.

(Ord. 2022-OR-001, passed 2-1-22)

Section

   (A)   (1)   The Clerk/Treasurer is an elected position.

      (2)   The term is four years, beginning at noon on January 1 after his or her election and continuing until a successor is elected and qualified.

   (B)   The Clerk/Treasurer shall be elected by the voters of the whole town.

(`93 Code, § 2-1)

   Election of Clerk/Treasurer, see I.C. 36-5-6-4

   (A)   The Clerk/Treasurer may administer oaths, take depositions and acknowledgments of instruments, as required by law.

   (B)   The Clerk/Treasurer may perform all duties prescribed by law, which include but are not limited to the following:

      (1)   Receive and care for all town monies and pay them out upon order of the Town Council;

      (2)   Keep accounts of all town monies;

      (3)   File monthly reports with the Town Council showing all receipts and disbursements of the Town Treasury for the preceding month;

      (4)   Maintain records which are open for inspection by the Town Council;

      (5)   Issue all licenses; and

      (6)   Attend all Town Council meetings and maintain a recording of its proceedings.

   (C)   The Clerk/Treasurer is both the Town Clerk and Town Fiscal Officer pursuant to I.C. 36-5-6-2.

(`93 Code, § 2-2)

   Powers and duties, see I.C. 36-5-6-6

   The compensation for the Clerk/Treasurer shall be fixed by the Town Council.

(`93 Code, § 2-3)

   (A)   The Clerk/Treasurer may appoint the number of deputies and employees authorized by the Town Council.

   (B)   Deputies and employees so hired serve at the pleasure of the Clerk/Treasurer.

   (C)   (1)   The Clerk/Treasurer is authorized to hire a part-time Deputy Clerk/ Treasurer.

      (2)   The Deputy Clerk/Treasurer will, during the first 30 days of employment, work 40 hours per week.

      (3)   Thereafter, his or her hours will be established as 32 hours per week, unless the Town Council determines that additional hours are required for the position.

   (D)   The employee shall be paid at the rate set by Council, and there should be no benefits paid on behalf of the employee due to part-time employment status.

(`93 Code, § 2-4) (Res. 1996-35, passed 2-12-96)

   Appointment of deputies, see I.C. 36-5-6-7

   The Town Council shall hereafter appoint the Building Commissioner. The specific length of service should be on a calendar year basis ending on December 31 of a given year and upon majority vote of the Town Council for an additional like period.

(`93 Code, § 2-17) (Ord. 92-520, passed 3-23-92)

   (A)   The Town Council has determined that the duties of the Building Commissioner shall be as follows:

      (1)   The Building Commissioner, as head of the Bureau of Buildings, shall have charge of the enforcement of the provisions of the town building code and of all ordinances, statutes, rules and regulations pertaining to the erection, construction, alteration, repair, condemnation, demolition or removal of buildings and structures, and of electric wiring, plumbing, heating installations, and piping in connection therewith, in the town or other territory authorized by law. He or she shall also perform all other duties imposed upon him or her by this code or by law.

      (2)   He or she shall keep, or cause to be kept, a record of all applications for permits, which shall be regularly numbered in the order of their issue; also a record showing the number, description and size of all buildings erected in the town during the term of office, of what material constructed, and of the aggregate of the number, kind and cost of all buildings constructed, and of the inspections, removal and condemnation of buildings, and all other matters proper to be recorded.

      (3)   It shall be the duty of the Building Commissioner, upon being served with a written notice requiring him or her to visit and inspect any building upon or in which work is being done, under any of the provisions of this code, to do so in person, or by his or her representative, within 48 hours from the time of receiving the notice.

      (4)   It shall be his or her duty to sign all certificates and notices required to be issued by him or her under this code, except as otherwise provided herein, to make complaint of all violations of the town building code, or of ordinances, statutes, rules and regulations referred to hereof, to the Town Council, to cause to be kept in proper books a record of all transactions of the office of the department and to submit to the Town Council a monthly statement of all transactions.

(`93 Code, § 2-18)

   (B)   The Town Council has determined that the powers of the Building Commissioner shall be as follows:

      (1)   The Building Commissioner shall have full discretionary power to pass upon any question arising under the provisions of this code relative to the matter of construction or materials to be used in the erection, alteration or repair of any building; provided, however, that should any question arise between the Commissioner and the owner or architect of any building, or should the owner or architect object to any order or decision of the Commissioner, the matter shall be referred to the Council and its decision shall be final and conclusive, unless any interested person files a written request for arbitration.

      (2)   The Building Commissioner, and his or her authorized assistants, are hereby given authority to enter any building, structure or premises in the town, in the performance of their duties, and to order and compel the immediate suspension and correction of any work completed, or being done, or planned to be done, in violation of the provisions of this code, and to prohibit the use of any defective or improper materials and to remove samples thereof for testing purposes, and to prohibit the maintenance or operation of any machinery, in all instances where so found to be in violation of the provisions of this code, or of any ordinances of the town, or statutes.

      (3)   (a)   The Building Commissioner, and his or her regularly authorized assistants, are hereby given authority to make tests as may be necessary to determine the conditions, with respect to safety, of any building, material or machinery inspected by him, her or them, under the provisions of this code.

         (b)   The cost of the test(s) shall be borne by the owner, or his or her agent, or the Building Commissioner may require the owner or his or her agent to make test(s), as may be required, and a written statement to be furnished to the Building Commissioner of the nature and result(s) thereof.

      (4)   (a)   The Building Commissioner, or his or her authorized assistants, shall procure materials from any building or repair job for test(s) at any time he, she or they are in doubt as to the strength of the materials.

         (b)   The materials shall be considered condemned and shall be destroyed by the Commissioner if he or she finds that the materials do not meet the standards required by this code or by any statutes.

      (5)   The Building Commissioner shall perform all duties of the office. The Commissioner's assistants shall perform during his or her absence.

(`93 Code, § 2-19)

   (C)   No person shall continue construction of any building, or use any materials or machinery in, on or about any building, or on any premises, after the Building Commissioner, or his or her regularly authorized assistants, have directed the suspension thereof, or changes therein.

(Ord. 92-520, passed 3-23-92)

   (A)   The Town Council has authorized assistants to serve under the Building Commissioner.

   (B)   The responsibilities and duties of the assistant shall be:

      (1)   All of the assistants appointed to serve under the Building Commissioner and all employees in the Department, under the direction and supervision of the Commissioner, shall enforce this code and shall perform their duties, as prescribed by the Building Commissioner, who as the head of the office, shall be the Director of all the functions and work therein.

      (2)   The title which any employee under the Commissioner may hold shall not prevent him or her from being required to do other work as the Commissioner may at any time direct, without any change in his or her regular compensation.

      (3)   Each inspector shall keep a complete record of his or her inspection work and make a report thereon to the Commissioner at least once every two weeks, or as directed by the Commissioner. In case the Commissioner shall appoint any inspector over any certain territory, the inspector shall perform his or her duty properly and be responsible for the inspection work under his or her direction and within that district. Each inspector shall receive inspection slips and shall thereon keep a complete record of any inspections made and shall attach the final inspection tag on the building permit, as provided in this code.

      (4)   The Commissioner shall inspect and check all plans submitted to the office for any buildings, structures and equipment, to see that they bare in conformity with this code and relevant statutes and with standard current engineering practices.

(`93 Code, § 2-20) (Ord. 92-520, passed 3-23-92)

   The term of office of the Building Commissioner shall be at the pleasure of the Town Council and the term shall be no less than one year and no more than four years in length, starting from January of any given year through December 31 of that same year. (`93 Code, § 2-24) (Ord. 92-520, passed 3-23-92)

Section

   Each member of the Police Commission, Planning Commission, Board of Zoning Appeals, Parks and Recreation Board, and the Secretary of the Board of Zoning Appeals shall be compensated in an amount as shall be established by ordinance from time to time.

(Ord. 2000-023, passed 12-11-00)

   Pursuant to I.C. 36-7-14-3, the Town Council now ordains, orders and establishes the Sellersburg Redevelopment Commission.

(Ord. 2008-037, passed 10-27-08)

      (1)   Three voting Commissioners are appointed by the Town Council President, who acts in the capacity of the town executive.

      (2)   Two voting Commissioners are appointed by the Town Council, acting in the capacity of the town legislative body; and

      (3)   The Town Council President will appoint one person from the West Clark Community Schools School Board, representing the schools serving the town, to serve as the non-voting Advisor to the Commission.

      (1)   Pursuant to I.C. 36-7-14-7, the originally appointed Commissioners shall serve from the date of their appointments until the first day of January in the second year after their appointment.

      (2)   Thereafter, each appointed Redevelopment Commissioner shall serve for one year from the first day of January after the Commissioner's appointment.

      (1)   Pursuant to I.C. 36-7-14-8, the newly-established Redevelopment Commission shall hold a meeting for the purpose of its reorganization not later than 30 days after the Commissioners are appointed.

      (2)   Organization of the Redevelopment Commission shall conform with the Indiana Code.

(Ord. 2008-037, passed 10-27-08)

(Ord. 2008-037, passed 10-27-08)

   The Board of Parks and Recreation is hereby created.

(Ord. 2017-OR-010, passed 3-27-17)

   Pursuant to I.C. § 36-10-3-4(b), the Town Board of Parks and Recreation shall consist of four members to be appointed by the town legislative body. The members shall be appointed on the basis of their interest in and knowledge of parks and recreation. Except as provided in I.C. § 36-3-10-4.1 et seq., not more than two members may be affiliated with the same political party. Members of the board must be residents of the district.

(Ord. 2017-OR-010, passed 3-27-17)

   In addition to the four members, the legislative body shall appoint one ex officio member, whom shall have all the same powers as a member. An ex officio member must be:

   (A)   Of the governing body of the school corporation selected by that body; or

   (B)   Designated by the governing body of the school corporation.

   (C)   A member of the governing body of the library district selected by that body; or

   (D)   Divisions (A) - (C) of this section.

(Ord. 2017-OR-010, passed 3-27-17)

   This Council repeals all prior ordinances and resolutions regarding the establishment, amendment to, or powers of the Board of Recreation and Parks Authorities. Further, all property owned by the Board of Recreation shall be transferred to the Board of Parks and Recreation within ten business days of the effective date of this subchapter.

(Ord. 2017-OR-010, passed 3-27-17)

   This Council reserves its rights pursuant to I.C. § 36-10-3-4.1, with the ability to waive the requirement that a member of the Board of Parks and Recreation be affiliated with a political party only in an absence of persons who are willing to serve on the town Board of Parks and Recreation and who satisfy any or all of the requirements.

(Ord. 2017-OR-010, passed 3-27-17)

   The current members of the Board of Recreation shall be appointed as the first Board of Parks and Recreation for the town.

(Ord. 2017-OR-010, passed 3-27-17)

   The Sewer Department is recognized as a separate department of the town.

(`93 Code, § 2-70)

   The Sewer Department shall be headed by a Superintendent, who shall serve at Council's pleasure.

(`93 Code, § 2-71)

   Specific regulations of the Sewer Department are set forth in Chapters 53 and 54 of this code.

(`93 Code, § 2-72)

   The Water Department is recognized as a separate department of the town.

(`93 Code, § 2-75)

   The Water Department shall be headed by a Superintendent, who shall serve at Council's pleasure.

(`93 Code, § 2-76)

   Specific regulations of the Water Department are set forth in Chapter 52 of this code.

(`93 Code, § 2-77)

   The Street and Sanitation Department is recognized as a separate department of the town.

(`93 Code, § 2-80)

   Local Road and Street Fund, see § 35.07

   The Street and Sanitation Department shall be headed by the Superintendent, who shall serve at the pleasure of the Town Council.

(`93 Code, § 2-81)

   Street and sanitation regulations are set forth in Chapters 94 and 95 of this code.

(`93 Code, § 2-82)

   The Sellersburg Town Council now establishes a Sellersburg Traffic Violations Bureau in order to allow the Sellersburg Town Court to accept and process all fines, court costs and penalties associated with all traffic ordinance and infraction violation convictions.

(Ord. 2004-011, passed 2-16-04)

   (A)   All fees which are collected for violations/convictions paid to the Traffic Violations Bureau shall be deposited into the town's general fund.

   (B)   The Town Court is authorized to take all steps necessary to set up certification and payment procedures.

(Ord. 2004-011, passed 2-16-04)

   The Town Court shall be located and held at 101 S. New Albany Street, Suite 110, Sellersburg, IN 47172.

(Ord. 2004-011, passed 2-16-04)

   There is hereby created a Municipal Works Board which shall consist of the members of the Town Council.

(Ord. 2005-032, passed 12-19-05)

   The Municipal Works Board shall create the Department of Municipal Works for the purpose of performing the day-to-day operations of the sewer, water, and street departments including bill and collection of all accounts.

(Ord. 2005-032, passed 12-19-05)

   (A)   A Director of Municipal Works shall be appointed to perform the day-to-day operations of the sewer, water, and street department, including the billing and collection of all accounts.

   (B)   The Director of Municipal Works shall serve at the pleasure of the Municipal Works Board.

   (C)   The Town Council has determined the Director of Municipal Works shall be delegated all powers and authority under Indiana Law, necessary to affect the day to day operations of the sewer, water and street departments, including billing and collection; and the Town Council has determined the Director of Municipal Works shall have the following duties and responsibilities:

      (1)   Directly responsible for administration, operation and maintenance of all public works divisions and related personnel;

      (2)   Responsible for all existing town utilities, and the planning for any new utilities;

      (3)   Responsible for hiring and the dismissal of employees within the Department of Municipal Works;

      (4)   Responsible for all town streets and easements including maintenance;

      (5)   Responsible for all existing facilities and the planning of any new facilities;

      (6)   Responsible for representing the town at all public and private functions within the given area involving municipal works problems and the planning for future needs;

      (7)   Approve evaluation reports on personnel in the Municipal Works Department;

      (8)   Responsible for the creation and maintenance of electronic maps;

      (10)   Responsible for MS 4 administration, operation, and reporting as required by statute;

      (11)   The Department of Municipal Works shall include street department, water department, sewer department, sanitation department, and billing and collection department;

      (12)   Responsible to act as the purchasing agent for the town and all departments as authorized by Indiana Law;

      (13)   Authorize the billing manager/clerk to have exclusive responsibility for all funds within the Department;

      (14)   All other duties as may be delegated by the Municipal Works Board.

(Ord. 2005-032, passed 12-19-05; Am. Ord. 2005-033, passed 12-19-05)

   (A)   The Town Council has established the position of Assistant Director of Municipal Works, effective as of the passage of this section.

   (B)   The Assistant Director of Municipal Works shall have the following duties and responsibilities:

      (1)   The Assistant Director of Municipal Works shall hold a Class Three (3) or Class Four (4) Sewer Operator's license at all times while engaged in his or her duties as the Assistant Director of Public Works;

      (2)   Responsible for the safety education of all departments and coordinate classes to provide a safe work environment for all employees within the Municipal Works Department;

      (3)   Responsible for the operation, reporting and maintenance of the wastewater treatment facility;

      (4)   Responsible for the repair and maintenance of the collection system of the municipal sewer system;

      (5)   Responsible for creating and administering a budget as set forth by the Town Council for the Municipal Water and Sewer Departments;

      (6)   All other duties that may be delegated by the Director of Municipal Works.

(Ord. 2005-032, passed 12-19-05; Am. Ord. 2005-033, passed 12-19-05)

      (1)   One of the members shall be selected by the Town Executive;

      (2)   One shall be nominated by the fiscal body of the county in which the town is located; and

      (3)   One shall be nominated by the town fiscal body.

      (1)   Three years, if selected by the Town Executive;

      (2)   Two years, if nominated by the town fiscal body; and

      (3)   One year, if nominated by the county fiscal body.

(Ord. 2023-OR-004, passed 2-13-23)

Section

   (A)   The Town of Sellersburg is organized into various departments to ensure adequate expertise, specialization, and efficiency. The Town Manager is the administrative department head responsible for the day-to-day management of of the Wastewater, Water, Streets and Sanitation, Building Planning and Zoning, and Billing Departments. The Sellersburg Police Chief is the administrative department head responsible for the day-to-day management of the Police Department.

   (B)   The Town Council governs the Town of Sellersburg. The Town Manager and Police Chief directly report to the Town Council and are responsible for the general administration of town business as it relates to the departments under their supervision. A member of the Town Council serves as a designee to each town department to enable transparent communication of operational issues between the governing and administrative functions of the town.

   (C)   Sellersburg Police Department general orders. The Sellersburg Police Department is governed by regulations (general orders) approved by the Metropolitan Board of Police Commissioners in accordance with applicable state and federal law. The Town of Sellersburg also has regulations (policies) approved by the Sellersburg Town Council in accordance with applicable state and federal law. In the event the Town of Sellersburg and Sellersburg Police Department both have regulation that covers a particular topic, the Police Department’s general order will supersede the town’s policy. If the Police Department does not have a specific regulation but is covered by a town policy, then the town’s policy applies.

(Ord. 2021-OR-031, passed 11-22-21)

   (A)   You are now part of an organization that is dedicated to serving our community, and we are confident you will soon be contributing toward that end. Your coworkers and their predecessors have established on outstanding reputation serving the citizens of Sellersburg. Our simple motto is "Citizen Service." This means our mission is to provide quality service on a consistent basis with economy and efficiency in mind. We must be ever mindful of how we spend our taxpayers' dollars.

   (B)   Please understand that you will be in the public's eye. We are confident you will serve the town with pride and honor.

   (C)   All citizens should be treated with respect and courtesy. Employees should not engage in arguments, debates, or lengthy discussions with private citizens regarding town policies, procedures, or services.

   (D)   Employees should refer all citizen complaints to their department head, the Town Manager, and/or the Council Member who represents the district in which the citizen lives.

(Ord. 2021-OR-031, passed 11-22-21)

   (A)   The policies described in this handbook are intended to apply to all employees of the Town of Sellersburg. The policies and practices will apply unless superseded by applicable federal, state, or local laws or regulations.

   (B)   We urge you to read this handbook, understanding that the policies and practices it sets forth are important guidelines and rules for your employment. It is not a contract. No one is authorized to represent otherwise. The Town of Sellersburg retains the right, at its sole option and at any time, to deviate totally or partially from the policies, practices, and procedures contained in this handbook. Further, employees are employed “at-will” for an indefinite period. That means that just as employees may leave the employment with the town at any time, the Town of Sellersburg retains the right to end the employment relationship at any time, for any reason, or for no reason.

   (C)   Any employee benefit plan or program provisions described herein are for convenience only. Benefit plans and programs are governed by the provisions of their formal documents as they exist now or as they may exist in the future. Employees should refer to those documents for specifics.

   (D)   The guidelines in this handbook will be helpful in familiarizing you with the town. However, this handbook cannot anticipate every situation or answer every question regarding employment.

   (E)   Human Resources policies and procedures are periodically updated. This chapter is current as of the date of publication and replaces and supersedes all prior employee handbooks. However, changes may have been made which are not reflected in this document. The Town of Sellersburg expressly reserves the right to change, add, delete, and/or modify any or all the provisions of this guide, and/or to change, add, delete, and/or modify any other published or unpublished policies, from time to time, with or without notice. Management staff shall make every effort to keep employees aware of any policy changes.

   (F)   This chapter applies to all employees of the Town of Sellersburg. If you have any questions regarding this chapter or your employment, please refer them to your immediate supervisor or contact your department head or the Town Council.

   (G)   Employees under the age of 18 must furnish a work permit to be employed by the town.

(Ord. 2021-OR-031, passed 11-22-21)

   All employees who do not have a separate written employment contract for a specific, fixed term of employment are employed on an at-will basis for an indefinite period. Employees may resign at any time and may be terminated at any time, with or without notice, and with or without cause. Nothing contained in this handbook alters or should be relied upon as altering this at-will relationship.

(Ord. 2021-OR-031, passed 11-22-21)

   The town provides equal employment opportunity to all employees and applicants for employment regardless of race, color, religion, gender identity or expression, sexual orientation, national origin, age, genetic information, disability, status as a Vietnam-era or special disabled veteran, or any other protected factor in accordance with applicable federal laws.

(Ord. 2021-OR-031, passed 11-22-21)

   (A)   There are three classifications of employees:

      (1)   Full-time employees are classified as those who work a regular schedule of 37.5 to 40 hours per week.

      (2)   Part-time employees work a regular schedule of less than 37.5 hours per week.

      (3)   Temporary employees are hired for a limited period to perform a job until it is finished. Seasonal employees are included in this category.

   (B)   All employees are also classified as being “exempt” or “non-exempt.” Non-exempt employees are eligible for overtime. Only time worked counts toward overtime. Exempt employees are not subject to the overtime provisions of the Fair Labor Standards Act, and are not eligible for overtime pay, compensatory pay, extra regular duty pay, on-call pay, or shift premium pay unless approved by their supervisor.

   (C)   If an exempt employee feels that his/her pay is incorrect due to impermissible deductions, he/she should immediately present this issue to his/her immediate supervisor and/or Director.

   (D)   Employees under the age of 18 must furnish a work permit to be employed by the town.

(Ord. 2021-OR-031, passed 11-22-21)

   (A)   In compliance with the Americans with Disabilities Act (“ADA”) and other applicable state and local laws, we provide reasonable accommodations for qualified individuals with disabilities. It is our policy to:

      (1)   Ensure that qualified individuals with disabilities are treated in a nondiscriminatory manner in all terms, conditions, and privileges of employment, as required by the ADA; and

      (2)   Provide qualified applicants and employees with disabilities with reasonable accommodations, except where such accommodations would create an undue hardship on us, as provided under the ADA.

   (B)   It is the responsibility of an employee to inform management of the need for an accommodation.

(Ord. 2021-OR-031, passed 11-22-21)

   (A)   At the time of employment, criminal background checks are obtained upon the extension of a conditional offer of employment. An employee’s first day of work must not be prior to the satisfactory completion of a background check. Conviction of a crime does not automatically eliminate an applicant from consideration for employment. A decision is reached only after the nature, severity, and date of offense are thoroughly evaluated.

   (B)   If an applicant attempts to withhold or falsify information pertaining to his or her criminal background history, he or she will be disqualified from further employment consideration. If an employee is discovered to have withheld or falsified information pertaining to his or her criminal background history, he or she will be subject to further disciplinary action, up to and including termination.

(Ord. 2021-OR-031, passed 11-22-21)

   Personnel files are the property of the town and may be reviewed by the employee in compliance with applicable state law. Employees wishing to view their personnel files should schedule a time with their supervisor or the town Clerk-Treasurer to do so.

(Ord. 2021-OR-031, passed 11-22-21)

   (A)   Individuals who are relatives may not be employed in a unit in a position that results in one relative being in the direct line supervision of the other relative. Certain employees may not be promoted to a position that results in one relative being in direct line supervision of the other relative who is a newly elected official of the town.

   (B)   The town, through any of its boards, commissions, or purchasing agents, may not enter into a contract or renew a contract for public works or procurement of goods and services with a relative or a business entity that is wholly or partially owned by a relative of the executive of the town or member of the legislative or fiscal body of the town unless certain requirements are met.

(Ord. 2021-OR-031, passed 11-22-21)

   (A)   The Town of Sellersburg strongly discourages romantic or sexual relationships between a manager or other supervisory employee and his or her staff because such relationships tend to create compromising conflicts of interest or the appearance of such conflicts. In addition, such a relationship may give rise to the perception by others that there is favoritism or bias in employment decisions affecting the staff employee. If there is such a relationship, the parties need to be aware that one or both may be moved to another department, or other actions may be taken.

   (C)   Once the relationship is made known to the town, the situation will be reviewed by the administrative department head to determine the course of action in the best interests of the town. Both parties may have to sign a consensual relationship agreement.

(Ord. 2021-OR-031, passed 11-22-21)

   (A)   In the event a job vacancy exists, the town may post the opening throughout its facilities. The notice will remain posted for a period of five working days. It will include the date of the posting as well as the posting expiration date. Employees wishing to apply for another position within the town should notify their current supervisor.

   (B)   Each posting will include:

      (1)   Job title;

      (2)   Job description and essential functions;

      (3)   Required experience;

      (4)   Compensation range per the salary ordinance;

      (5)   Application deadline; and

      (6)   How to apply for the position.

   (C)   Employees still in their 45-day probationary period are not allowed to apply for a new position within the town.

(Ord. 2021-OR-031, passed 11-22-21)

   (A)   The Town of Sellersburg recognizes the right of its employees to use their skills and knowledge to supplement their incomes outside of working hours. However, outside employment should not interfere with an employee’s position with the town and should not be a conflict of interest. All full-time and part-time employees must consult their supervisor before accepting outside employment, to discuss the potential impact on their duties with the town.

   (B)   Outside employment will not be considered as an excuse for poor job performance, absenteeism, tardiness, or refusal to work overtime. Should outside employment cause or contribute to these or other undesirable work characteristics, disciplinary action, up to and including termination of employment may result.

(Ord. 2021-OR-031, passed 11-22-21)

   (A)   Regular hours are defined by your department director. Employees cannot change their assigned work schedule without the permission of their supervisor. Management may alter an employee’s work schedule based upon the needs of the operation.

   (B)   Employees classified as non-exempt are eligible for overtime premium pay in compliance with applicable state and federal law. Only time worked counts toward overtime. Employees are not permitted to work overtime without prior supervisory approval.

(Ord. 2021-OR-031, passed 11-22-21)

   The Town of Sellersburg prohibits ghost employment. Ghost employment occurs when an organization pays and employee who does not perform work for the organization, (see I.C. 35-44-2-4). No employee will receive pay for work if it is not related to the operations of the town. Any employee found to be in violation of this policy will be subject to disciplinary action, up to and including termination.

(Ord. 2021-OR-031, passed 11-22-21)

   To be considered for rehire by the Town of Sellersburg, the employee must have previously submitted the appropriate notice and have a satisfactory work record.

(Ord. 2021-OR-031, passed 11-22-21)

      (1)   Four weeks: directors;

      (2)   Three weeks: assistant directors and managers; and

      (3)   Two weeks: all other positions not listed above.

   (B)   The notice period will ensure that adequate arrangements can be made to replace the employee. Paid time off may not be used during the notice period, unless an employee extends his/her notice period by the length of time used. Failure to give the requested notice may affect eligibility for rehire. The town retains the right to dismiss a resigning employee prior to the conclusion of the notice period.

(Ord. 2021-OR-031, passed 11-22-21)

   If you are separated from employment, the Town of Sellersburg is obligated to pay you for the time you worked in addition to any earned but unused PTO time. You will receive your paycheck on the next scheduled payday.

(Ord. 2021-OR-031, passed 11-22-21)

   (A)   An employee who has resigned may be contacted to participate in an exit interview.

   (B)   The interview serves a dual purpose:

      (1)   Ensures that the reason for the resignation is not based on a misunderstanding or a condition that can be remedied; and

      (2)   Gathers pertinent data about the employee’s reasons for leaving the company. Topics to be covered include, but are not limited to, compensation, benefits, advancement opportunities, and training/orientation.

(Ord. 2021-OR-031, passed 11-22-21)

   (A)   The Town of Sellersburg offers health and welfare plans that are available to all full-time employees who work an average of 30 or more hours per week. Eligible employees can choose from a variety of benefit options including medical, dental, vision, life, and disability. Additional details concerning plan benefits are provided upon new employee orientation. Coverage begins on the first of the month following hire date of fulltime employment. Coverage will cease on last day of the month of the employee’s last day of employment.

   (B)   The town will conduct an annual open enrollment period December 1 - 31, during which full-time employees will be given the opportunity to add/drop coverage or elect different plan options or coverage levels. An employee cannot change elections made during the open enrollment period for the duration of the plan year unless proof of a qualifying life event is provided to the Clerk-Treasurer within the required time period. New hires must enroll within 30 days of his or her hire date.

(Ord. 2021-OR-031, passed 11-22-21)

   Full-time employees are eligible for the town’s medical insurance plan on the first of the month following date of hire. A summary plan description booklet will be provided upon enrollment. The town will comply with applicable provisions of federal and state insurance laws and regulations. Please contact your supervisor or the Clerk-Treasurer if you have questions regarding the group insurance plan. If there is any conflict between the insurance plan or plans and the information provided in the handbook, the language of the insurance plan or plans shall control.

(Ord. 2021-OR-031, passed 11-22-21)

   (A)   Health, dental, and life insurance elections cannot be changed during the respective plan year unless the employee provides proof of a qualifying life event to the Clerk-Treasurer within 30 days of the event.

   (B)   Examples of qualifying life events are as follows:

      (1)   Employee’s marriage or divorce;

      (2)   Employee acquires new dependent because of marriage, birth, or adoption;

      (3)   Death of employee’s spouse or child;

      (4)   Termination of employment (or spouse’s employment) or change of employment status (or spouse’s employment status); or

      (5)   Significant change in the medical benefits or premiums available either to employee or through spouse’s employment.

   (C)   It is the employee’s responsibility to notify the Clerk-Treasurer within the required time period of the intent to change coverage due to any event other than termination of employment or change in status to a benefit ineligible class with the company. Requests must be submitted in writing with proof of the qualifying event.

(Ord. 2021-OR-031, passed 11-22-21)

   (A)   Most employers sponsoring group health plans are required to offer employees and their dependents the opportunity for a temporary extension of coverage (called “continuation coverage”) at group rates where coverage under the plan would otherwise end.

   (B)   Employees and their covered dependents, who are covered by the town employee health plan have the right to choose this continuation coverage if group coverage is lost for any reason other than termination of employment resulting from gross misconduct by the employee. Under the law, you have at least 60 days from the date you would lose coverage to inform our insurance administrator that you want continuation coverage. Employees that elect COBRA are responsible for maintaining coverage by paying 100% of their insurance premiums.

   (C)   If you have questions regarding COBRA or your responsibilities to obtain continued coverage, you should contact the Clerk-Treasurer's office.

(Ord. 2021-OR-031, passed 11-22-21)

   As required by the Health Insurance Portability and Accountability Act (HIPAA), the company will maintain the privacy of protected health information for all participants of our health, dental, and S125 benefit plans. All employees who choose to participate in one or more of these benefit plans will receive a privacy notice shortly after enrollment, which will outline the company’s legal duties and privacy practices with respect to protected health information.

(Ord. 2021-OR-031, passed 11-22-21)

   PERF is one of the oldest and largest public or private pension funds in the nation. It provides secure, long-term benefits for full-time employees who choose careers in public service in Indiana. Mandatory contributions are determined by PERF and are suspended during an unpaid leave of absence. Members of the PERF retirement fund are vested following ten years of service.

(Ord. 2021-OR-031, passed 11-22-21)

   (A)   Longevity is a benefit that is based on your hire date. All full-time employees who have completed two years of employment with the town will receive longevity pay on the payroll week following their anniversary date. Years of service will be determined by the anniversary date of each employee in the year the benefit is to be received. Employees need to see their supervisor for additional information on longevity pay.

   (B)   Upon retirement or resignation, longevity shall be pro-rated based on months worked after the employee's anniversary date.

(Ord. 2021-OR-031, passed 11-22-21)

   (A)   All full-time and part-time hourly employees are eligible to receive holiday pay. These employees must work the day before and the day after the holiday to receive holiday pay unless time off has been previously approved by their supervisor. Employees do not receive holiday pay while on an unpaid leave of absence.

   (B)   Any full-time and part-time hourly employees required to work on a scheduled holiday will receive eight hours of holiday pay in addition to time and a half for hours worked on the holiday.

   (C)   Police officers shall receive eight hours of holiday pay per holiday. Officers working a scheduled holiday shall receive holiday pay in addition to time and a half for hours worked on the holiday.

   (D)   The Town of Sellersburg observes the following holidays:

 

(Ord. 2021-OR-031, passed 11-22-21)

   (A)   The Town of Sellersburg believes that employees should have opportunities to enjoy time away from work to achieve work life balance. The following PTO policy outlines the provisions for eligible employees.

 

 

      (1)   At the end of each year, employees will receive the option to roll over any accrued but unused PTO into a “sick bank” or receive payment for unused time (refer to division (E) below). There is a 30-day maximum an employee can roll over into the sick bank. Sick bank leave must be approved by the administrative department head.

      (2)   The sick bank exists to help employees offset lost income while on an approved leave of absence for the employee’s own illness or to care for a dependent who is ill. It may not be used for any other purpose. PTO does not need to be exhausted prior to using “sick bank” for approved leave of absence under this section.

 

 

(Ord. 2021-OR-031, passed 11-22-21)

   (A)   The Town of Sellersburg will provide full-time employees with up to five paid days off upon the death of an immediate family member. The town will provide one paid day off to attend the funeral upon the death of non-immediate family members.

   (C)   In exceptional circumstances, the employee may request paid bereavement leave from the administrative department head for non-immediate family members.

   (D)   This bereavement policy is designed to reimburse employees for time lost from work. It does not apply if the employee is on any other type of leave. Employees should notify their department head as soon as possible if the need for bereavement leave arises.

(Ord. 2021-OR-031, passed 11-22-21)

   (A)   The Town of Sellersburg will grant Indiana employees military family leave in accordance with the Indiana Military Family Leave Act. Under the Military Family Leave Act, employees may take up to ten days of unpaid leave per year during one or more of the following periods:

      (1)   Within the 30-day period before a family member begins active duty;

      (2)   During the leave period of a family member on active duty; or

      (3)   During the 30-day period following a family member’s return from active duty.

(Ord. 2021-OR-031, passed 11-22-21)

   Employees may continue their health-care benefits while on leave. Employees are responsible for their portion of the premium. Employees may use available paid time off during the leave if they choose.

(Ord. 2021-OR-031, passed 11-22-21)

   If foreseeable, an employee must request the leave not less than 30 days before the leave is to begin by completing a leave of absence request form. Failure to submit the request at least 30 days in advance may result in a delay of the requested start date. The town reserves the right to require employees to provide proper verification of the need for leave. Failure to follow the procedure and provide proper verification may result in the absence as unexcused.

(Ord. 2021-OR-031, passed 11-22-21)

      (1)   Employees are eligible to request FMLA leave if they have worked for the town for at least one year, have worked at least 1,250 hours over the previous 12 months and work at a location where at least 50 employees are employed by the town within 75 miles.

      (2)   While the 12 months of employment need not be consecutive, employment periods prior to a break in service of seven years or more are not counted unless the break is occasioned by the employee’s fulfillment of his or her National Guard or Reserve military obligation (as protected under the Uniformed Services Employment and Reemployment Rights Act (USERRA), or a written agreement exists concerning the employer’s intention to rehire the employee after the break in service. If you do not meet these criteria, you are not eligible for FMLA leave.

      (1)   A covered employer must grant an eligible employee up to a total of 12 weeks of unpaid leave during any 12-month period for one or more of the following reasons:

         (a)   For the birth and care of a newborn child of the employee;

         (b)   For placement with the employee of a son or daughter for adoption or foster care;

         (c)   To care for a spouse, son, daughter, or parent with a serious health condition;

         (d)   To take medical leave when the employee is unable to work because of a serious health condition;

         (e)   For “qualifying exigencies” arising out of the fact that the employee’s spouse, son, daughter, or parent is on active duty or call to active duty status as a member of the National Guard or Reserves in support of a contingency operation (up to 12 weeks); or

         (f)   "Military caregiver leave” to care for a covered service member with a serious injury or illness related to certain types of military service (up to 26 weeks per year may be taken for this purpose).

      (3)   Subject to certain conditions, the continuing treatment requirement includes an incapacity of more than three consecutive full calendar days and two visits to a healthcare provider or one visit to a healthcare provider and a continuing regimen of care; an incapacity caused by pregnancy or prenatal visits, a chronic condition, or permanent or long-term conditions; or absences due to multiple treatments. Other situations may meet the definition of continuing treatment.

      (4)   The maximum amount of leave that may be taken in any 12-month period-for all reasons combined is 12 weeks, with one exception. For leave to care for a covered service member, the maximum combined leave entitlement is 26 weeks, with leaves for all other reasons constituting no more than 12 of those 26 weeks.

      (1)   Employees must provide 30 days’ notice of the need to take FMLA leave when the need is foreseeable. When 30 days’ notice is not possible, the employee must provide notice as soon as practicable. Employees must comply with normal call-in procedures.

      (2)   Employees must provide sufficient information to determine if the leave may qualify for FMLA protection and the anticipated timing and duration of the leave. Sufficient information may include that the employee is unable to perform job functions; the family member is unable to perform daily activities; the need for hospitalization or continuing treatment by a health care provider; or circumstances supporting the need for military family leave. Employees also must inform their supervisor if the requested leave is for a reason for which FMLA leave was previously taken or certified. When an employee seeks leave due to a FMLA qualifying reason for which the town has previously provided the employee FMLA protected leave, the employee must specifically reference either the qualifying reason for leave or the need for FMLA leave.

      (1)   The Town of Sellersburg requires that an employee’s request for leave due to a serious health condition affecting the employee or a covered family member be supported by a certification from a health care provider. The town may require second or third medical opinions at the expense of the town and periodic recertification of a serious health condition. The Town of Sellersburg may utilize a health care provider, a human resource professional, a leave administrator, or a management official—but not the employee’s direct supervisor—to authenticate or clarify a medical certification of a serious health condition.

      (2)   The Town of Sellersburg requires employees returning from leave for their own serious health condition to submit a certification that they can resume work. If reasonable safety concerns exist, the company may, under certain circumstances, require such a certification for employees returning from intermittent FMLA leave.

      (1)   Family medical leave is unpaid leave. In accordance with applicable state law, employees may be required to apply all accrued and unused paid leave to all leaves covered by this policy.

      (2)   The Town of Sellersburg will continue to pay its portion of the group health premium for the duration of any approved FMLA leave. The employee continues to be responsible for paying his or her group health insurance premiums as if he were still actively working during this period. Premiums must be submitted monthly. Failure to submit payment within 30 days may result in termination of coverage for the duration of the leave. An employee’s failure to pay his or her portion of the group health insurance premium will result in coverage being canceled. If an employee does not wish to continue group health insurance while on family and medical leave, the town should be notified immediately.

      (3)   Employees who can return to work within the FMLA approved leave time limits will be entitled to be covered by health insurance at the time they return to work if their coverage has lapsed for any reason during the approved FMLA leave. Any changes to company health coverage while an employee is on a family and medical leave will be applied as if the employee were still actively employed.

      (4)   Paid time off benefits will cease to accrue while an employee is on FMLA.

      (1)   Except as otherwise provided by law, upon returning from FMLA leave eligible employees will be restored to their original job or to an equivalent job with equivalent pay, benefits and other terms and conditions of employment. Restoration may not be possible if, for example, your position has been eliminated. Additionally, certain key employees may not be entitled to job restoration under certain conditions. If you are a key employee, you will be notified of such status. Use of FMLA leave will not affect the calculation of an employee’s seniority or years of service. If an employee has taken leave due their own medical condition, a clearance to return to work is required from the certifying physician.

      (2)   For additional information about your rights and responsibilities under FMLA and/or to request leave under this policy please contact your supervisor.

      (3)   The Town of Sellersburg recognizes that certain states may have laws which provide greater or diverse types of leave and/or may require less advance notice than that set forth above. In such event, the applicable state family and medical leave law shall apply.

(Ord. 2021-OR-031, passed 11-22-21)

   (A)   A military leave of absence will be granted to employees who are absent from work because of service in the U.S. uniformed services in accordance with the Uniformed Services Employment and Reemployment Rights Act (USERRA). Advance notice of military service is required, unless military necessity prevents such notice, or it is otherwise impossible or unreasonable.

   (B)   The leave will be unpaid. However, employees may use any available paid time off for the absence. Benefit accruals, such as vacation, sick leave, or holiday benefits, will be suspended during the leave and will resume upon the employee's return to active employment. Contact your supervisor for more information or questions about military leave.

(Ord. 2021-OR-031, passed 11-22-21)

   (A)   On occasion, for extraordinary reasons, you may wish to be temporarily released from your job duties but not submit your resignation. You may be eligible for unpaid leave under these circumstances. Request for unpaid leave may be made in writing to your direct supervisor, supervisor’s supervisor or any Town Council member. If you are granted unpaid leave and receive health insurance, you will be responsible for the payment of premiums or risk loss of coverage.

      (1)   Employees requesting leave must obtain and submit a leave of absence form to their department head, preferably 30 days in advance.

      (2)   If the leave request is approved, the employee must contact their department head every two weeks to provide updates and an estimate on their return to work date.

(Ord. 2021-OR-031, passed 11-22-21)

   (A)   From the first day of employment, all Town of Sellersburg employees are covered with insurance against medical expenses arising from work-related illnesses or accidents. This insurance also provides for a percentage of lost wages due to accidents and illness related to work. These benefits start seven days from the date of disability.

   (B)   Employees who sustain a work-related injury or illness must inform their department head immediately. This will enable eligible employees to qualify for coverage as quickly as possible.

(Ord. 2021-OR-031, passed 11-22-21)

   Each Town of Sellersburg employee’s job is covered by state unemployment compensation, which may pay a weekly benefit if an employee is laid off. The cost of this benefit is paid entirely by the town.

(Ord. 2021-OR-031, passed 11-22-21)

   The town’s payroll cycle runs on a bi-weekly pay period. Paychecks are issued every Friday. For employees that feel their wages have been calculated in error, it is their responsibility to notify the Clerk-Treasurer immediately. Every effort will be made to correct the error as quickly as possible.

(Ord. 2021-OR-031, passed 11-22-21)

   The town requires direct deposit of paychecks into the banking institution of your choice. Any changes to banks or account numbers should be reported to the Clerk-Treasurer’s office.

(Ord. 2021-OR-031, passed 11-22-21)

   The town is required by law to make certain deductions from your paycheck. Among these are applicable federal, state, and local income taxes. Social Security taxes must be deducted from your earnings up to a specified limit. The town matches the amount of Social Security taxes you pay. Court-ordered payments such as garnishments are pay deductions collected and forwarded to the courts. The Clerk-Treasurer’s office will notify the employee when a garnishment is received.

(Ord. 2021-OR-031, passed 11-22-21)

   (A)   Occasionally, the Town of Sellersburg may require overtime for hourly employees on short notice. Although situations may arise that will prevent an employee from working overtime, the town expects all hourly employees to be available to work overtime and a flexible schedule when necessary.

   (B)   Hourly employees will be paid overtime and one and one-half times their regular hourly rate for all hours worked over 40 hours per week. Paid time off and holidays are not included in the calculation of overtime pay. Police employees are exempt from this provision and will earn overtime pay in accordance with the department’s standard operating procedure for overtime.

(Ord. 2021-OR-031, passed 11-22-21)

   All hourly employees may take a 30-minute or one-hour unpaid lunch break at the discretion of their department head. Unless otherwise instructed to work through the meal period, nonexempt employees must record the meal period as unpaid on their time record. In addition, all employees are provided two 15-minute paid breads during the workday. Department heads will determine break times.

(Ord. 2021-OR-031, passed 11-22-21)

   Town employees who are designated as being on-call will receive an additional pay, per the salary ordinance, for serving in the on-call capacity. This applies only to civilian, non-exempt employees.

(Ord. 2021-OR-031, passed 11-22-21)

   The Town of Sellersburg wants all staff traveling on town business to do so in a safe and comfortable manner. At the same time, each employee must control and minimize the cost of travel-related expenses. All travel must be approved in advance to receive reimbursement. Itemized receipts must be saved and submitted with a claim form to the Clerk-Treasurer within seven days of the trip to receive reimbursement. False reporting on expense reports will result in disciplinary action, up to and including termination.

(Ord. 2021-OR-031, passed 11-22-21)

   The town will reimburse employees for mileage expenses incurred while conducting official town business. The mileage reimbursement rate will be the amount allowed by town ordinance as long the employee carries motor vehicle liability insurance as required by law.

(Ord. 2021-OR-031, passed 11-22-21)

   Expenses incurred (meals, lodging, and the like) for overnight travel while conducting official town business must be approved by the Administrative Department Head prior to registering/reserving for the out-of-town business. Certain personal expenses incurred during travel are not reimbursable, including but not limited to personal telephone calls, laundry, entertainment, and alcoholic beverages.

(Ord. 2021-OR-031, passed 11-22-21)

   (A)   The Town of Sellersburg encourages employees to fulfill their obligation as citizens when they are called to serve jury duty. Employees are entitled to retain any compensation you receive from the courts. In addition, you will receive the difference between your jury duty pay and your normal salary or hourly rate for the period you serve on jury duty, not to exceed ten days.

   (B)   Employees must submit their court order for jury duty to their supervisor. Prior to serving jury duty, an employee must ask the Court Clerk or bailiff to prepare a weekly verification form. The Court Clerk will typically provide the work verification form on each day you serve on jury duty. Employees must provide the work verification form to their department head each week The check received for jury duty pay does not need to be submitted and should be retained by the employee.

(Ord. 2021-OR-031, passed 11-22-21)

   (A)    Being at work on time every day is important. Your co-workers and the town’s residents depend on you. The Town of Sellersburg realizes that occasional absences are unavoidable. However, excessive absenteeism or tardiness creates a hardship for your co-workers. Because of this, frequent and unapproved absences and excessive tardiness can be cause for disciplinary action or dismissal.

      (1)   In the event you are unable to come to work, it is critical that you provide as much notice as possible to ensure coverage for your position. The further in advance you provide notice, the more likely that coverage will be possible.

      (2)   Employees must call their department head at least 60 minutes before the start of your scheduled work time to report an absence or extended time away from the office. It is your responsibility to contact your department head, leave a message and then call another department head on duty. This procedure must occur every day you are absent unless you are on an approved leave of absence.

      (3)   In the event an employee is going to be late for work, the employee is required to notify their department head at least 30 minutes prior to start of their scheduled work time. Any instances of arriving late to work, taking extended breaks, or leaving work early must be reported to your supervisor and will be recorded in attendance records. Employees that need to leave work early for any reason must notify their department head before leaving.

      (4)   A no-call, no-show will be cause for disciplinary action, up to and including termination of employment. If you have three unreported consecutive absences, the town will consider it to be job abandonment and will assume that you have voluntarily resigned from your employment.

      (5)   If you are absent for three or more consecutive workdays, we may require you to provide medical documentation to support your absence. The town reserves the right to address the issue of chronic absenteeism or tardiness by accelerating the disciplinary process, up to and including termination.

(Ord. 2021-OR-031, passed 11-22-21)

    Depending upon the nature of your duties, you may have access to information that is confidential and privileged. This includes financial information, organizational information, and information regarding other employees or town residents. To protect confidentiality, you must limit the disclosure and discussion of this information to only those employees who need to know. Employees should never use this information for personal benefit or for the benefit of others.

(Ord. 2021-OR-031, passed 11-22-21)

   (A)    Employees have a responsibility to avoid any situation that might make it difficult to act in the best interest of the Town of Sellersburg. A conflict of interest may exist when you or a member of your family has a financial interest in a company that has a contract or other dealings with the town. In addition, receiving personal gains from a business relationship, a conflict of interest likely exists. For clarity on whether any transaction or vendor relationship may be a violation of this policy, you should contact your department head.

   (B)   In addition, employees, including elected officials, must not accept honorariums, compensation, or gifts in exchange for their services as a town employee. This policy does not prohibit the acceptance of small items of nominal value. However, prior to accepting any gifts, gratuities, favors, preferential treatment, event tickets or anything else of monetary value (more than $25) from companies or individuals related to the job, you must receive approval from the administrative department head. To the extent state law requires an alternative handling of honorariums, compensation, or gifts, the town will comply with those laws.

(Ord. 2021-OR-031, passed 11-22-21)

   (A)    People who are not employed by the Town of Sellersburg may not solicit or distribute literature and goods on town property for any purpose at any time. Vendors soliciting in the normal course of business who have established a business relationship with the town are excluded from this restriction. Exceptions to this policy are at the discretion of the Town Council.

   (B)   The town strives to communicate clearly and accurately with its employees; therefore, unless the town is involved in the activity, all notices, brochures, and other forms of solicitation of or by outsiders are prohibited. Employees are discouraged from soliciting other employees during working time. Working time includes that time for which any employee is paid and is expected to be performing services for the town. Working time does not include meal breaks, recognized break periods, or time before or after the established workday. Department heads may authorize limited exceptions to this policy.

(Ord. 2021-OR-031, passed 11-22-21)

   (A)   As an employee of the Town of Sellersburg, you should be concerned with the impression you make on others. You shall strive always to ensure that your clothing and appearance is clean and contributes to a professional atmosphere for co-workers, clients, residents, and visitors.

   (B)   The town is a business-casual workplace. There are occasions where employees should wear business professional attire. These occasions would include special meetings and/or delivering presentations. If you have specific questions about whether something is appropriate to wear you should contact your department head for clarification. Employees that are dressed inappropriately will be asked to go home and change their attire. This time will be unpaid. Repeated violations of this policy may result in disciplinary action.

      (1)   Uniformed employees are representatives of the town and will conduct themselves accordingly;

      (2)   If the position requires a uniform, the employee must always wear the uniform while on duty. Every attempt shall be made to keep uniforms in a tidy appearance. Should a uniform need to be replaced, the employee shall communicate to their supervisor so a replacement can be arranged; and

      (3)   Uniforms may not be worn outside of work unless off-site for a work-related trip, seminar and/or meeting.

(Ord. 2021-OR-031, passed 11-22-21)

    The Town of Sellersburg prohibits employees from unlawfully manufacturing, distributing, dispensing, selling, transferring, using, or possessing any illegal controlled substance or alcohol on town premises while working. Any employee found to be in violation of this policy will be subject to disciplinary action, up to and including termination. The town reserves the right to require applicants and employees to consent to a drug and alcohol test. No testing will be performed without an applicant’s or employee’s written consent.

(Ord. 2021-OR-031, passed 11-22-21)

   (A)   We are committed to providing all employees the opportunity to work in an environment free of illegal harassment. The town strives to provide all staff, clients, and vendors with an environment free of harassment. This can exist only when each employee is assured an atmosphere of mutual respect and one in which each is judged solely on criteria relating to job performance.

   (B)   The town expressly prohibits any form of unlawful employment harassment based on race, color, religion, sex, sexual orientation, gender identity or expression, genetic information, national origin, age, disability, status as Vietnam-era or special disabled veteran, or status in any group protected by state or local law. The town has adopted the following guidelines to deal with any form of harassment that may occur during business hours or on town premises, or in any location where the employee is conducting work.

   (C)   (1)   Sexual harassment includes:

         (a)   Physical assaults or physical conduct that is sexual in nature;

         (b)   Unwelcome sexual advances or comments or requests for sex or sexual activities concerning one’s employment or advancement, regardless of whether they are accompanied by promises or threats;

         (c)   Sexual displays or publications such as calendars, cartoons, or graffiti;

         (d)   Other verbal or physical conduct of a sexual nature which has the purpose or effect of interfering with an individual’s work performance, or creating an intimidating, hostile, or offensive work environment; and

         (e)   Retaliation for complaints of harassment.

      (2)   The town regards all such conduct as creating a hostile and offensive work environment in violation of this policy, regardless of whether submission to such conduct is made either explicitly or implicitly a term or condition of employment. Examples of sexual harassment include sexual propositions, sexual innuendo, sexually suggestive comments, sexually-oriented “kidding,” “teasing,” or “practical jokes,” jokes about gender-specific traits, foul or obscene language or gestures, displays of foul or obscene printed or visual material, and physical contact, such as patting, pinching, or brushing against another’s body; or reading or otherwise publicizing in the work environment, materials that are sexually suggestive or revealing.

   (D)   (1)   Racial, religious, or national origin harassment includes: any verbal, written, or physical act in which race, religion, or national origin is used or implied in a manner which would make a reasonable employee uncomfortable in the work environment or which would interfere with the employee’s ability to perform the job.

      (2)   Examples of race, religious or national origin harassment include:

         (a)   Jokes which include reference to race, religion, or national origin;

         (b)   The display or use of objects or pictures which, adversely reflect on a person’s race, religion, or national origin; and

         (c)   The use of language which is offensive due to a person’s race, religion, or national origin.

   (E)   If you have been a victim of sexual harassment or any other form of illegal harassment or if you witness the illegal harassment of others, you shall immediately report your concerns to a supervisor or the Town Manager. If this is not an option because your supervisor or Town Manager is the harasser, you should contact a member of the Town Council. Each complaint will be treated in a confidential manner, subject to our legal obligation to investigate and respond appropriately to such complaints. Retaliation against anyone involved in reporting an incident of harassment is strictly prohibited. Conversely, we consider filing knowingly false reports of harassment a violation of this policy.

(Ord. 2021-OR-031, passed 11-22-21)

   (A)   As a part of their performance management responsibilities, the town’s management personnel are accountable for informing employees of performance and/or behavior which is in need of improvement. The purpose for such counseling is to create a mutual understanding of performance and conduct expectations, to develop and improve performance or conduct which is not meeting expectations, and to delineate consequences for those, employees who do not achieve minimum acceptable standards for performance or conduct.

   (B)   The Town of Sellersburg utilizes a progressive discipline policy. Outlined below are the steps of the town’s progressive discipline policy and procedure. The Town of Sellersburg reserves the right to combine or skip steps depending on the facts of each situation and the nature of the offense.

         (a)   Although the town hopes that the employee will promptly correct any performance, conduct or attendance issues that were identified in Step One, the town recognizes that this may not always occur. The Step Two written warning involves more formal documentation of the performance, conduct or attendance issues and consequences.

         (b)   During Step Two, the immediate supervisor will meet with the employee to review any additional incidents or information about the performance, conduct or attendance issues as well as any prior relevant corrective action plans. Management will outline the consequences for the employee of his or her continued failure to meet performance or conduct expectations.

         (c)   A formal performance improvement plan (PIP) requiring the employee’s immediate and sustained corrective action will be issued. The PIP will include a statement warning the employee that failure to meet and maintain the expectations of the plan will result in further disciplinary action, up to and including termination.

         (a)   There may be performance, conduct or safety incidents so problematic and harmful that the most effective action may be the temporary removal of the employee from the workplace. When immediate action is necessary to ensure the safety of the employee or others, the immediate supervisor may suspend the employee pending the results of an investigation.

         (b)   Suspensions that are recommended as part of the normal progression of this progressive discipline policy and procedure are subject to approval from a next-level manager and HR.

         (c)   Depending on the seriousness of the infraction, the employee may be suspended without pay in full day increments consistent with federal, state and local wage-and-hour employment laws. Nonexempt/hourly employees may not substitute or use an accrued paid vacation or sick day in lieu of the unpaid suspension. Due to Fair Labor Standards Act (FLSA) compliance issues, unpaid suspension of salaried/exempt employees is reserved for serious workplace safety or conduct issues. HR will provide guidance so that the discipline is administered without jeopardizing the FLSA exemption status.

         (d)   Pay may be restored to the employee if an investigation of the incident or infraction absolves the employee.

         (a)   The last and most crucial step in the progressive discipline procedure is a recommendation to terminate employment. Generally, the town will try to exercise the progressive nature of this policy by first providing warnings, a final written warning or suspension from the workplace before proceeding to a recommendation to terminate employment. However, the Town of Sellersburg reserves the right to combine and skip steps depending on the circumstances of each situation and the nature of the offense. Furthermore, employees may be terminated without prior notice or disciplinary action.

         (b)   For the welfare of the town, the Town Manager shall be notified and involved in all matters related to the discipline, suspension, termination, or transfer of town employees. The Town Manager shall remove heads of departments with advice and consent of the Town Council as dictated by state statute.

         (c)   There are some behaviors that are considered so extreme by the town that a violation may result in immediate termination:

            1.   Willful misconduct/dishonesty or a flagrant violation of the town’s policy;

            2.   Harassment of any employee, customer, vendor, or any other individual as defined by the harassment policy;

            3.   Intentionally giving false or misleading information as a means of obtaining employment;

            4.   Deliberate destruction or defacing of town property through abuse, indifference, neglect or carelessness;

            5.   Violation of the town’s drug and alcohol-free workplace policy;

            6.   Theft, unauthorized use or removal of town property or property of any town employee customer or vendor;

            7.   Unauthorized disclosure of any confidential information pertaining to the town or its employees;

            8.   Fighting on town premises or threatening the life or well-being of another individual;

            9.   Possession of firearms or other dangerous weapons on town property, unless authorized;

            10.   Gross insubordination or refusal to complete duties as required by your supervisor;

            11.   Falsification of work hours or any other town documents;

            12.   Verbal and/or physical abuse of any person while on town property; and

            13.   Illegal acts on town premises or during working time.

         (d)   This list is not all inclusive and the town reserves the right to terminate employees on an at-will basis unless otherwise prohibited by federal, state or local law.

(Ord. 2021-OR-031, passed 11-22-21)

   (A)   The town encourages employees to address and discuss any work-related problems with their immediate supervisor. Every reasonable effort should be made by both the employee and the supervisor to resolve work related problems. If a resolution is not reached, the employee may use the town’s problem-solving procedure.

   (B)   This procedure has been established as a guide for resolution to work related problems. If the problem continues to exist after undertaking the actions below, the formal problem-solving procedure is invoked. While a complaint/concern is being resolved, employees will have the obligation to continue to work and not engage in work stoppages, slowdowns or other such actions. The system is designed to function without interrupting or downgrading the quality or delivery of patient care services. Supervisory staff is responsible for ensuring that the problem is fully processed until the employee is either satisfied with the answer or has exhausted the problem-solving procedure.

      (1)   After discussing the problem or concern with their direct supervisor, an employee is expected to document their grievance and submit it in writing to the next person in the chain of command. If the employee is not satisfied with the next response, they must continue up the chain of command. The Town of Sellersburg chain of command is as follows:

         (a)   Supervisor;

         (b)   Department head;

         (c)   Town Manager/Police Chief;

         (d)   Town Council.

      (2)   Management will not in any way discriminate or retaliate against an employee who exercises procedures of this policy. Furthermore, management will not discriminate or retaliate against an employee who assists in the investigation or presentation of complaints or concerns filed according to this policy.

(Ord. 2021-OR-031, passed 11-22-21)

   (A)   In the event of emergency weather conditions, we ask you to use sound judgement in assessing your individual situation and in making decision regarding leaving work early, arriving late or staying home rather than attempting to reach work.

   (B)   If Clark County or the county in which you live declares a weather emergency, the town will compensate you for your scheduled work hours. If you miss work and Clark County or the county in which you live has not declared a weather emergency, you will be required to use PTO to cover the absence.

   (C)   When making decisions regarding severe weather conditions, employees must follow the general attendance policy.

(Ord. 2021-OR-031, passed 11-22-21)

    The use of tobacco products and electronic cigarettes is strictly prohibited in all facilities owned by the Town of Sellersburg. Any employee wishing to designate a working area a non-smoking area may submit the request in writing to the Town Council.

(Ord. 2021-OR-031, passed 11-22-21)

   Employees must refer all inquiries for information from the news media to the Town Manager. Unless authorized to do so, employees must not speak on behalf of the town. Employees must remember that they represent the town and serve as an ambassador to the community and speak accordingly.

(Ord. 2021-OR-031, passed 11-22-21)

   (A)   The Town of Sellersburg wishes to maintain a work environment that is free from illegal drugs, alcohol, firearms, explosives, or other dangerous materials. The town requires the cooperation of all employees in administering this policy. An employee’s refusal to cooperate in a search, inspection or investigation will result in further disciplinary action, up to and including termination.

   (B)   Desks, lockers, and other storage devices may be provided for the conveniences of employees but remain the sole property of the town. Accordingly, any agent or representative of the town can inspect them, as well as any articles found within them, at any time, either with or without prior notice. A minimum of two town representatives will be present to conduct and record details of the search.

   (C)   The town likewise wishes to discourage theft or unauthorized possession of the property of employees, visitors, and residents. To facilitate enforcement of this policy, the Town of Sellersburg or its representative may inspect not only desks and lockers, but also any packages or other belongings. Any employee who wishes to avoid inspection of any articles or materials should not bring such items onto company premises.

(Ord. 2021-OR-031, passed 11-22-21)

   The Town of Sellersburg supports an environment that is safe and free from violence for all employees, residents, and vendors. To achieve this goal, employees may not possess or carry firearms, knives, or any other weapons on town property or while conducting town business unless authorized by the Town Manager, Chief of Police, or the Town Council. If an employee is found possessing or carrying such an item on town property or while conducting town business, they will be subject to disciplinary action, up to and including termination.

(Ord. 2021-OR-031, passed 11-22-21)

   (A)   The Town of Sellersburg is committed to employee safety and to protecting employees from accidents. The town and all employees have a responsibility to drive and work safely at all times. This policy was created to promote and ensure the safe conduct of town operations for the benefit of all employees and residents.

   (B)   Employees must make safety the first consideration when conducting town operations.

   (C)   Employees must demonstrate a continuous awareness of safety considerations as an integral part of achieving accident prevention and efficient productivity.

   (D)   The town will provide proper tools and materials, equipment, and facilities, as well as sufficient training for a safe work environment. Employees must understand and observe all town rules and safety regulations.

      (1)   Employees in certain departments may face occupational exposure to blood, bloodborne pathogens, or infectious material. The town will observe universal precautions to prevent contact with infectious material, and all such material will be considered infectious regardless of the source of the material being known. Notify your supervisor or department head if you are exposed.

      (2)   To ensure the safety of our employees, the town has created the following guidelines:

         (a)   Employees must wear protective equipment (gloves, goggles, face guards, and the like) at all times when potential exposure exists.

         (b)   Do not compress trash in waste cans. The trash may contain needles or sharp objects exposed to infectious materials and those items may burst during compression.

         (c)   Examine trash bags prior to handling them to identify leaks, liquid substances, or sharp objects.

         (d)   Do not reuse any protective equipment except for approved gloves that can be properly disinfected and cleaned.

         (e)   Utilize proper handwashing techniques often and frequently. Handwashing facilities are available to employees who incur exposure.

         (f)   Wastewater employees: do not use your hands to clean out impellers or pumps where sharp objects may be lodged. Utilize the proper tools to clean, disassemble, and remove the objects. Use caution when shoveling out pits and tanks as infectious materials could be present in the sludge.

(Ord. 2021-OR-031, passed 11-22-21)

   (A)   The Town of Sellersburg’s facilities, equipment and property are to be used for business purposes only. Employees are responsible for equipment while it is in their possession, and any malfunction, damage or theft of property should be immediately reported to their department head. Employees may be responsible for costs associated with any damage or loss caused by abuse and/or carelessness.

      (1)   Town owned vehicles are assigned to employees based on business need. Any employee using a town vehicle is expected to keep the interior clean. These vehicles are to be used for town business only, except during the commute to and from the employee’s home. Only employee’s authorized by their department head and/or the Town Council may take home a town vehicle.

      (2)   Certain take-home vehicles are considered taxable fringe benefits and the commuting or lease value of the vehicle will be included in the employee’s wages for tax purposes. The town will comply with all relevant tax laws and regulations regarding take-home vehicles.

(Ord. 2021-OR-031, passed 11-22-21)

   (A)   The Town of Sellersburg understands that social media can be a fun and rewarding way to share your life and opinions with family, friends and co-workers around the world. However, use of social media also presents certain risks and carries with it certain responsibilities. To assist you in making responsible decisions about your use of social media, we have established these guidelines for appropriate use of social media.

   (B)   SOCIAL MEDIA includes all means of communicating or posting information or content of any sort on the Internet, including to your own or someone else’s web log or blog, journal or diary, personal web site, social networking or affinity web site, web bulletin board or a chat room, whether associated or affiliated with the town, as well as any other form of electronic communication. The town encourages you to ensure your postings are consistent with these policies. Inappropriate postings that may include discriminatory remarks, harassment, and threats of violence or similar inappropriate or unlawful conduct will not be tolerated and may subject you to disciplinary action up to and including termination.

   (C)   Employees are expected to post only appropriate and respectful content. The following list provides recommended guidelines when using social media:

      (1)   Maintain the confidentiality of the Town of Sellersburg and private or confidential information. Trade secrets may include information regarding the development of systems, processes, products, know-how and technology. Do not post internal reports, policies, procedures or other internal town-related confidential communications.

      (2)   Do not create a link from your blog, website or other social networking site to a town website without identifying yourself as a Town of Sellersburg employee.

      (3)   Express only your individual opinions. Never represent yourself as a spokesperson for the town. If the town is a subject of the content you are creating, be clear and open about the fact that you are an employee and make it clear that your views do not represent those of the town, fellow associates, residents, customers, suppliers or people working on behalf of the town. If you do publish a blog or post online related to the work you do or subjects associated with the town, make it clear that you are not speaking on behalf of the town. It is best to include a disclaimer such as “The postings on this site are my own and do not necessarily reflect the views of the Town of Sellersburg.”

   (D)   The town prohibits taking negative action against any employee for reporting a possible deviation from this policy or for cooperating in an investigation. Any employee who retaliates against another employee for reporting a possible deviation from this policy or for cooperating in an investigation will be subject to disciplinary action, up to and including termination.

(Ord. 2021-OR-031, passed 11-22-21)

    The town reserves the right to monitor all telephone communications, utilizing the town’s telephones. All telephone communications are the property of the town. Employees have no right of privacy or confidentiality regarding any telephone messages or communications. The town reserves and intends to exercise the right to review, audit, intercept, access and disclose all messages created, received or sent over the telephone system for any purpose. Personal calls must be kept to a minimum and be limited to calls of an urgent or emergency nature only. Cellular phone calls are disruptive to the work environment and must be kept to a minimum during work time. Personal long-distance calls may not be charged to the town. Employees who violate this policy will be subject to disciplinary action, up to and including termination of employment.

(Ord. 2021-OR-031, passed 11-22-21)

   (A)   The electronic communication systems, internet service and the computer hardware and software owned or leased by the Town of Sellersburg are to be used for business purposes only. Any message, file or information transmitted or stored on these systems is not considered private and may be seen by other individuals. Employees who use the town’s computers and network resources must protect them and the information stored on them.

      (1)   The town will determine which employees will have internet access and will set up privileges accordingly. Internet access is for business needs only and is not a fringe benefit. Under no circumstances should an employee access any web site that may be offensive or otherwise contain inappropriate material. All connections to the internet must pass through the town’s firewall for security purposes.

      (2)   The town reserves the right to block access to specific web pages. To help protect against viruses, employees should download files from the internet only with department head approval.

      (1)   Electronic mail is provided to assist in conducting company business and not for personal use. All messages conveyed on either system are the property of the town and should not contain language that may be considered offensive, discriminatory, or abusive to any employee. Employees have no expectation of privacy in any e-mail messages made using town technology or directed toward town addresses. Authorizing another person or organization to use your computer accounts or the Town of Sellersburg network is strictly prohibited. Communicating or using any password, personal identification number, credit card number or other personal or financial information without the permission of its owner is prohibited.

      (2)   The use of the town e-mail system is primarily for business purposes only. Limited personal use of e-mail may be allowed but must be on the user’s own time and is not to interfere with his/her job responsibilities.

(Ord. 2021-OR-031, passed 11-22-21)

   (A)   Employees who use cell phones provided to them by the Town of Sellersburg must follow the town policy for use of these devices during working time. Within guidelines, employees may be reimbursed for certain expenses associated with work-related use of cell phones.

   (B)   While at work, employees are expected to exercise the same discretion in using personal cell phones as is expected for the use of town phones. Personal phone calls must be kept to a minimum and made during non-work time where possible. Cell phones must be turned off or set to silent or vibrate mode during meetings/conferences and in other locations where incoming calls may disrupt normal workflow.

   (C)   All employees are expected to always follow applicable state or federal laws or regulations regarding the use of cell phones. Employees whose job responsibilities include regular or occasional driving are expected to refrain from using their cell phone while driving. There is never a business reason that requires an employee to text or use a phone while driving.

(Ord. 2021-OR-031, passed 11-22-21)

Section

   The Council ordains the Utility Cash Reserve Fund shall be and hereby is created for the purpose of depositing all surplus earnings of the utility.

(`93 Code, § 2-115) (Am. Ord. 98-703, passed 11-23-98)

   (A)   The proper legal offices of the town after complying with the statutes pertaining to the establishment of a cumulative fund, establishes the Cumulative Fund, pursuant to I.C. 36-9-15.5. An ad valorem property tax levy will be imposed and the revenues from the levy will be retained in the town's Cumulative Capital Development Fund.

   (B)   This Fund is to be used for any one or all purposes for which property taxes may be imposed within the municipality under the authority of:

      (1)   I.C. 8-16-3-1, authorizing any and all improvements to the railroad grade crossings;

      (2)   I.C. 8-22-3-25b, establishing the Cumulative Building Fund;

      (3)   I.C. 14-32-5-1 et seq., authorizing soil and land conservation;

      (4)   I.C. 16-23-1-40, authorizing the Cumulative Hospital Building Fund;

      (5)   I.C. 36-8-14, authorizing the Cumulative Firefighting Building and Equipment Fund;

      (6)   I.C. 36-9-4-486, authorizing the Cumulative Transportation Fund;

      (7)   I.C. 36-9-16-3:

         (a)   To acquire land or rights-of-way to be used for public ways or sidewalks;

         (b)   To construct and maintain public ways or sidewalks;

         (c)   To acquire land or rights-of-way for the construction of sanitary or storm sewers, or both;

         (d)   To construct and maintain sanitary or storm sewers or both;

         (e)   To acquire, by purchase or lease, or to pay all or part of the purchase price of a utility;

         (f)   To purchase or lease land, buildings or rights-of-way for the use of any utility that is acquired or operated by the town;

         (g)   To purchase or acquire land, with or without buildings, for park or recreation purposes;

         (h)   To purchase, lease or pay all or part of the purchase price of motor vehicles for the use of any combination of the police, a community corrections program, or the fire department, including ambulances and firefighting vehicles with the necessary equipment, ladders and hoses.

         (i)   To retire in whole or in part any general obligation bonds of the unit that were issued for the purpose of acquiring or constructing improvements or properties that would qualify for the use of cumulative capital improvement funds;

         (j)   To purchase or lease equipment or nonconsumable property needed by the unit for any public transportation use; and

         (k)   To purchase or lease equipment to be used to illuminate public ways or sidewalks.

      (8)   I.C. 36-9-16.5, authorizing the Cumulative Street Fund;

      (9)   I.C. 36-9-17, authorizing the General Improvement Fund;

      (10)   I.C. 36-9-26, authorizing the Cum- ulative Building Fund for Sewers;

      (11)    I.C. 36-9-27-99, authorizing the Cum- ulative Drainage Fund;

      (12)    I.C. 36-10-3-21b, authorizing the Cum- ulative Building Fund; or

      (13)   I.C. 36-10-4-36b, authorizing the Cum- ulative Building and Sinking Fund.